By: Chelsea Leonard, Associate, Orlando   A popular trend, in light of the Castellanos case in Florida which increased attorney fees for claimants’ counsel, is litigation over the Average Weekly Wage.  The slightest adjustment in the average weekly wage following litigation over the issue can lead to costly carrier paid attorney’s fees.   A recent JCC […]

Greetings, One of the JCC’s in West Palm Beach just issued a ruling on 1-time changes and when the 5-day clock starts.  This is not a 1st DCA decision, so it is not “law”, but it is an indication on how other judges might rule. As we all well know, the 1st DCA has previously […]

By:                    Ryan M. Knight – Miami Contributor:   Tara Said – Pensacola To receive daily e-mails with case law summaries, please email esantos@eralcides.com FIRST DCA ORDERS Utopia Home Care v. Beatriz Alvarez JCC Rosen: St. Petersburg District         Opinion Date: September 5, 2017 OJCC Case: 11-02908                                  Date of Accident: 4/6/2011 Claimant’s Appellate Counsel: Paulette Brown and […]

By: Mike Quiggins, Partner, Tallahassee The First District Court of Appeal issued a recent decision providing further clarification of the employer/carrier’s obligations to satisfy a claimant’s request for a new doctor under the “one time change of physician” provision found in 440.13(2)(f). The decision in Velez v. Coadvantage, Epoch Management/CCMSI, Case No. 1D16-5496 (opinion issued […]

By: Matt Williams, Partner, Alabama On May 8, 2017, Jefferson County, Alabama Circuit Court Judge Pat Ballard entered an Order declaring the entire Alabama Workers’ Compensation Act unconstitutional. Specifically, Judge Ballard found two sections of the Alabama Workers’ Compensation Act unconstitutional, but because the Alabama Legislature included Section 25-5-17, a non-severability statute, into the Act […]

By:                    Ryan M. Knight – Miami Contributor:   Tara Said – Pensacola To receive daily e-mails with case law summaries, please email esantos@eralcides.com First DCA Opinions Edwin Velez v. CoAdvantage  JCC Condry: Orlando District                               Opinion Date: June 19, 2017 OJCC Case: 15-016212                                            Date of Accident: 05/21/2015 Claimant’s Trial Counsel: Basil A. Valdivia     Claimant’s […]

Ex parte R.E. Garrison Trucking, Inc. (Ala. Civ. App. 6/16/17)             R.E. Garrison Trucking, Inc. (“Garrison”), filed a writ of mandamus directing the Washington Circuit Court (“the trial court”) to vacate its order denying Garrison’s motion for a change of venue and to enter an order transferring the workers’ compensation action to the Cullman Circuit […]

  Greetings, I have had several clients ask me about the 1st DCA decision from earlier this week, AT&T Communications v. Russo (1D16-3971) regarding the “3-day” and “10 day rule”, Fla Stat 440.13(3) d and i. In actuality, this is nothing new, see the Elmer case below from 2009. The statute says when you get […]

By:                    Ryan M. Knight – Miami Contributor:   Tara Said – Pensacola To receive daily e-mails with case law summaries, please email esantos@eralcides.com First DCA Opinions David Koch v. Pat Salmon & Sons JCC Humphries: Jacksonville District                 Opinion Date: April 24, 2017 OJCC Case: 16003630                                              Date of Accident: 10/27/2012 Claimant’s Counsel: Monte Shoemaker             […]

By:                    Ryan M. Knight – Miami Contributor:   Tara Said – Pensacola To receive daily e-mails with case law summaries, please email esantos@eralcides.com February & March 2017 Attorney’s Fees & Costs Orders Carlos R. Iraheta v. Laiton Incorporated/Guarantee Insurance Co. JCC Pitts: Orlando District                                      Order Date: February 3, 2017 OJCC Case: 11-021134                                               JCC […]