By: Ryan M. Knight Contributor: Thomas G. Portuallo To receive daily e-mails with case law summaries, please email esantos@eralcides.com Robert Keefer v. City of Deerfield Beach and Broward County Sheriff JCC Hogan: Ft. Lauderdale District Opinion Date: December 15, 2016 OJCC Case: 14-004809GBH (consolidated) Dates of Accident: 2/14/2009; 9/29/2011; 12/08/2013 Claimant’s Counsel: […]
By: Ryan M. Knight Contributor: Thomas G. Portuallo To receive daily e-mails with case law summaries, please email esantos@eralcides.com First DCA Orders Vincent Jones v. Food Lion, Inc. and Risk Management Services JCC Humphries: Jacksonville District Opinion Date: November 9, 2016 OJCC Case: 12-004946RJH Date of Accident: 10/10/11 Claimant’s Counsel: Bill McCabe Employer/Carrier’s […]
By: Ryan M. Knight Contributor: Thomas G. Portuallo To receive daily e-mails with case law summaries, please email esantos@eralcides.com First DCA Orders Palm Beach County BOCC, and Palm Beach County Fire/ Preferred Government Claims Solutions v. Jonathan Brown JCC D’ Ambrosio: West Palm Beach District Order Date: October 13, 2016 OJCC Case: 14-022337MAD Date […]
Greetings, I have been asked by several clients in the last week or so to summarize the trends I am seeing in litigation, so I will share with all. Basically, from the claimant’s attorneys I am seeing two distinctly different styles of practice. The Miles case, which came out the week before Castellanos, allows the […]
Greetings, and Happy New Year! A housekeeping reminder to increase the PTD supplemental benefits on any PTD claims where it is warranted effective 1/1/2017. For any dates of accident on or after 10/1/2003: 3% x PTD base benefit x # of years since the accident PTD supps end at 62 (unless the accident kept them […]
By: Betsy Campo, Partner, Gainesville ‘Tis the season of giving, and it also is a time for us to be thankful and reflect upon those who made a difference in our lives this year. Without a doubt, our friends, families, clients and colleagues have all contributed to who we are this December, 2016. In that […]
By: Ryan Knight, Associate, Miami It’s everyone’s worst nightmare. You have a settlement agreement in place, you’re getting ready to close the file and then it all falls apart at the last minute. To prevent that from happening to you, let’s take a look at someone else’s unfortunate situation. The First DCA recently released Soto […]
By: Geoff Alexander, Associate, Birmingham Recently, OSHA began enforcing its new regulation requiring employers to have a “reasonable procedure” for employees to report work-related injuries and illnesses. The rationale for this new requirement is that employees should not be punished in any way for exercising their right under the Occupational Safety and Health Act to report […]
By: Allen Grant, Partner, Nashville In Tennessee, the new OSHA guidelines prohibiting mandatory post-accident drug or alcohol screens highlight the importance of the Tennessee Drug Free Workplace Program (DFWP). While the OSHA rules prohibit this mandatory screening, employers that are members of the Tennessee DFWP are actually required to conduct post-accident screens for accidents that […]
By: Yosue Ochoa, Associate, Miami Florida workers’ compensation laws regarding employee drug testing provide the employer/carrier with a defense to compensability if it is found that the injured worker was intoxicated or under the influence of drugs at the time of the accident. Florida law seems to be in line with the new OSHA laws […]