Greetings, The 1st DCA again addressed issues with the 1-time change section of the statute (440.13(2)(f) in Zekanovic v. American II, Corp (1D16-3669) last month. In this case, the claimant requested his 1-time change on 12/23, and given the 5 calendar days to respond, the E/C missed the window.  The 1st DCA said: “Finally, we […]

By:                   Ryan M. Knight Contributor:   Thomas G. Portuallo To receive daily e-mails with case law summaries, please email esantos@eralcides.com First DCA Opinions Milovan Zekanovic v. American II, Corp., and Gallagher Bassett Services JCC Rosen: St. Petersburg District                     Opinion Date: February 7, 2017 OJCC Case: 15-014324                                          Date of Accident: 2/7/14 Claimant’s Counsel: […]

By: Gina Case, Associate, Sarasota As a business, insurance companies seek to provide appropriate benefits while minimizing loss. With this in mind, the goal of any adjuster is to administer claims paying out what is due and weeding out what is not.  As with most things in life, however, it is not always clear which […]

By: Ryan Lawson, Associate, Atlanta Over the last few months, I have had the pleasure of handling a few unique cases involving cardiac pathology, including one heart attack case victory in December, and another rather complicated claim involving a cardiac-related death which is still in the discovery phase of litigation. In handling these cases – […]

By: Mike Quiggins, Partner, Tallahassee In our January edition of the Eraclides Gazette, Miami attorney Matthew Colon discussed the influx of claimant requests for one time change of physicians of a different specialty, especially in cases where the 5 day carrier authorization window had lapsed under Florida Statute 440.13(2)(f), the often referred “one time change […]

By: Christopher Mossallati, Associate, Fort Myers Over the past several years, carriers have had to significantly adjust their decision-making in cases involving prior work injuries and major contributing cause (MCC). The First DCA rendered an opinion in Pearson v. Paradise Ford, that held a prior work-related accident cannot serve as a basis for an MCC […]

By:                   Ryan M. Knight Contributor:   Thomas G. Portuallo To receive daily e-mails with case law summaries, please email esantos@eralcides.com JCC ORDERS David Dove v. Bennett Auto Supply and Travelers Insurance JCC Owens: Port St. Lucie District                      Order Date: February 3, 2017 OJCC Case: 15-021286                                               Date of Accident: 3/26/15 Claimant’s Counsel: Michael Horowitz               […]

Greetings,  the 1st DCA just affirmed (without written opinion) a JCC decision denying a claim for idiopathic/MCC, in Wendall v. Enterprise/York (links below). In this case,  an 86 year old claimant simply fell while walking.  She did not know what caused her to fall, and she did not trip.  She had a history of falls […]

By:                   Ryan M. Knight Contributor:   Thomas G. Portuallo To receive daily e-mails with case law summaries, please email esantos@eralcides.com UPDATE ON ATTORNEY’S FEES – HOW MUCH ARE THE COURTS AWARDING? The following is an update on JCC and DCA attorney fee decisions published in January 2017, subsequent to the Florida Supreme Court’s opinion […]

Greetings, Today the Florida Supreme Court declined to adopt the Fla Legislature’s change to the Florida Evidence Code to include the  “Daubert” standard.    “Daubert” effectively put an end to Apportionment and also put any of our doctor’s opinions at risk if they were not prepared with studies and methodologies to support the basis for […]