Greetings, Several times a year the question comes up about when the 7 day waiting period for indemnity under 440.12 (1) actually starts.   Do you count days the claimant is back at work earning 80% of their AWW as days toward the waiting period even if there is no indemnity being paid? I am not […]

By:                   Ryan M. Knight Contributor:   Thomas G. Portuallo To receive daily e-mails with case law summaries, please email esantos@eralcides.com 1st DCA ORDERS RetailFirst Insurance Co. and ServPro of S.E. Florida v. Brenton Davis JCC Lorenzen: Tampa District                           Opinion Date: January 23, 2017 OJCC Case: 15-014011EHL                               Date of Accident: 6/13/14 Claimant’s […]

Greetings, Last week the 1st DCA issued a good decision for us in the 1-time change arena in RetailFirst Ins. v. Davis (1D16-2310) attached. The court ruled that when an Employer/Carrier does not timely respond to a claimant’s request for a 1-time change within the 5 calendar days, the claimant does get to select the […]

Greetings, In my last tip I mentioned the rise in PTD claims, and also that (in my opinion) it is now easier to prove PTD.  Boy did that prompt a lot of questions, so here goes: One of the impacts of Castellanos is some (not all) claimant’s attorneys are hanging on to their claims rather […]

By:                   Ryan M. Knight Contributor:   Thomas G. Portuallo To receive daily e-mails with case law summaries, please email esantos@eralcides.com 1st DCA ORDERS City of Hialeah/Sedgwick CMS v. Tony Bono JCC Castiello: Miami District                             Opinion Date: January 19, 2017 OJCC Case: 14-004166GCC                               Date of Accident: 12/2/13 Claimant’s Counsel: Kimberly Hill                     Employer/Carrier’s Counsel: David Goehl          […]

By: Matthew Colon, Associate, Miami In more ways than one, the law resembles a computer program. It is often nothing more than a series of parameters to which things must be confined. In order for Z to occur, X and Y must be present. Thankfully for me my colleagues, the law does not always operate […]

By: LeRyan Lambert, Associate, Atlanta One of the most common and confusing procedures that Georgia employers and insurers face is forcing a claimant to return to work in order to suspend indemnity benefits. Simple procedural errors can cost weeks of additional indemnity exposure along with costly litigation expenses and fees. This statutory obstacle course in […]

By: Richard Clark, Of Counsel, Nashville As everyone in the industry knows by now, the Tennessee Workers’ Compensation Act underwent a major procedural and substantive overhaul in 2013 with the relevant reforms going into effect on July 1, 2014. Tennessee employers, insurance professionals, attorneys and personnel with the Bureau of Workers Compensation have been operating […]

By: Faith Searles, Associate, Tampa Workplace injuries are often associated with a single incident that immediately puts the employer on notice that they must investigate the cause of the accident, the circumstances and facts surrounding it, and hopefully eliminate or mitigate the potential for a similar accident to occur in the future. However, workplace injuries […]

By:                   Ryan M. Knight Contributor:   Thomas G. Portuallo To receive daily e-mails with case law summaries, please email esantos@eralcides.com 1st DCA ORDERS DHL Express, Inc. and Sedgwick CMS v. Raquel Machin JCC Massey: Tampa District                              Opinion Date: January 10, 2017 OJCC Case: 15-013154MAM                              Date of Accident: 11/1/13 Claimant’s Counsel: Michael Winer                   […]