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News & Updates
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Brown Bag Lunch Semindar: Independent Contractor or Employee
We would like to cordially invite you to our third brown bag lunch seminar on Friday, April 19, 2013 at 12:00 p.m. in our Lakeland office. One of our shareholders Barbi L. Feldman, Esquire will be kick-starting the lunch ...
March 28, 2013
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104-Week Limitation on Temporary Disability Benefits Declared Unconstitutional
In the stunning decision of Bradley Westphal v. City of St. Petersburg handed down on February 28, 2013, the First DCA found that the 104-week limitation on temporary disability benefits under Florida Statute Sec. 440.15(2)(a) is unconstitutional....
March 14, 2013
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Solution to the Hinzman Problem
On February 18, 2013, the First DCA issued its opinion in Hinzman v. Winter Haven Facility Operations, LLC. This case addressed the five-day rule in Section 440.13(2)(f) ...
March 04, 2013
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104 Week Limitation on Temporary Disability Benefits Declared Unconstitutional
The 104 week limitation on temporary disability benefits has been declared unconstitutional by the 1st DCA of Florida. In a stunning decision, the Court ...
February 28, 2013
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Kristen Johannessen, Esq. Joins Firm as Managing Shareholder of Tampa Office
We are very pleased to announce that Kristen L. Johannessen, Esquire has joined our firm as an equity shareholder as of February 19, 2013. Kristen will manage the firm's ...
February 28, 2013
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Brown Bag Lunch Seminar: Myths of Wage and Hour Laws
We would like to cordially invite you to our second brown bag lunch seminar on Friday, March 15, 2013 at 12:00 p.m. in our Lakeland office. Shareholder Barbi L. Feldman, Esquire ...
February 27, 2013
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Brown Bag Lunch Seminar: Proper Documentation to Avoid Litigation With Your Employee
We would like to cordially invite you to our first brown bag lunch seminar on Friday, February 15, 2013 at 12:00 p.m. in our office. Shareholder Barbi L. Feldman, Esquire will be kick-starting the lunch ...
February 06, 2013
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Fourth DCA Reviews Two Cases on Workers' Compensation Immunity
In two separate opinions released on the same day, the Fourth District Court of Appeal (4th DCA) provided further guidance as to ...
February 04, 2013
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Thomas Vecchio Prevails Before First District Court of Appeal
Attorney Thomas Vecchio argued on behalf of the Employer/Carrier before the First District Court of Appeal on January 16, 2013. Johnson v. Publix Super Markets, Case No. 1D12-2380, was considered by Judges Padovano, Rowe, and Ray....
January 24, 2013
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Vecchio, Carrier & Feldman's Commitment to Charity
Our law firm has always taken pride in contributing to charitable organizations in our community. Our focus this year was on Senior Orphans ....
December 21, 2012
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Florida Workers' Compensation Insurance Rates Set to Increase
GAINESVILLE, Fla., Oct. 30, 2012 /PRNewswire/ -- For the third straight year, rates for workers' compensation insurance are set to increase after Florida Insurance Commissioner Kevin McCarty said ....
November 05, 2012
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Severance Pay May Not Be Taxable
In the recent case of United States v. Quality Stores Inc., No. 10-1563, the 6th Circuit of the Federal Appeals Court found
September 17, 2012
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Indemnity-Only Settlements
Anybody handling workers' compensation claims over the past several years has undoubtedly encountered claims that cannot settle due to difficulties associated with the Medicare Set-Aside allocation (MSA).
September 04, 2012
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Claims for Retaliatory Discharge Pursuant to ยง 440.205, Florida Statutes
Based on changes in the workers' compensation law, the attorneys who represent injured workers are filing different types of lawsuits based on the employer/employee relationship and the injured worker's industrial accident
August 27, 2012
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Narcotic Pain Medications Result in Soaring Claims Costs
The New York Times recently reported that when potent narcotics like Oxycotin are prescribed for routine workplace injuries, both wage loss and medical costs associated with the claim rise dramatically ....
June 25, 2012
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Good Faith Effort to Authorize Doctor Defeats Fee Claim
The First DCA recently held that the JCC improperly awarded an E/C-paid fee to the claimant based on authorization of a new treating physician ...
June 11, 2012
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DCA Holds Severance Agreement Applies to Two Separate Periods of Employment
In a recent case titled Risco USA Corp v. Alexander, the 1st District Court of Appeal (DCA) held that a severance agreement released all workers' compensation claims from a prior period of employment with the same company....
May 21, 2012
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Petitions for Rule Nisi Under Section 440.24
Orders issued by JCCs usually have their intended effect. The party that is compelled to act pursuant to an order generally seeks to satisfy the terms of the order as quickly as possible ....
May 07, 2012
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Claims Adjuster Role Too Much for Veteran Actor
An Academy Award winning actor recently discovered that simply preparing for the role of an insurance adjuster was far too difficult for him to consider proceeding with the film ....
May 04, 2012
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Changes in the OJCC
As you are aware, the State of Florida has been cutting its budget in all avenues possible. The OJCC is not immune from those cuts. Although not yet formally announced, our office has recently become aware ....
March 14, 2012
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Thomas Vecchio to Speak at WCCP Florida Bar Workers' Compensation Forum
Shareholder Thomas Vecchio will be speaking at the 2012 Florida Bar Workers' Compensation Forum. Held in partnership with the Workers' Compensation Section of the Florida Bar ....
February 27, 2012
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First DCA Issues Landmark Statute of Limitations Opinion
The First DCA recently held that where the parties reserve jurisdiction with respect to payment of attorney's fees and costs ....
February 06, 2012
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Fourth DCA Reviews Two Cases on Workers' Compensation Immunity
In two separate opinions released on the same day, the Fourth District Court of Appeal (4th DCA) provided further guidance as to the rare circumstances when workers' compensation statutory immunity ....
February 04, 2012
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Preparing for the Claims Adjuster Deposition
Most attorneys who represent injured workers will set the deposition of the claims adjuster once a case is scheduled for trial. Some attorneys do this as a matter of routine and simply ask questions from a standardized list....
January 16, 2012
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Social Security Administration Pressures Evaluating Doctors
Faced with an enormous backlog of claims for Social Security disability (SSD), including 3.2 million new applicants in 2011 alone, the Social Security Administration (SSA) ...
December 12, 2011
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Judge Upholds Employer/Carrier's Overpayment Calculations
Attorney Juliana Curtis was recently successful in defeating a claim by an injured worker challenging the Employer/Carrier's calculation ....
December 05, 2011
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Supreme Court Denies Jurisdiction On Another Attorney Fee Case
The Supreme Court recently released an Order on the case of B.F. v. AMS Staff Leasing and Aspen Administrators finding ...
October 03, 2011
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Traveling Employees' Choices Are Limited By New Statute
In May of this year both the House and the Senate for the State of Florida passed a new law ....
September 26, 2011
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Social Security Disability Awards Come Under Fire
Awards of Social Security disability (SSD) benefits are being scrutinized by Congress as a potential waste of taxpayer dollars ...
August 12, 2011
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First DCA Holds That 120-Day Pay and Investigate Rule Does Not Bar Defense Based on Major Contributing Cause
The First DCA recently held that an employer/carrier (EC) could deny treatment for an injury based on major contributing cause (MCC), even though more than 120 days passed after the initial acceptance of compensability ...
August 04, 2011
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Barbi Feldman Speaks at WCCP Claims Management & Leadership Conference
The Association of Workers' Compensation Claims Professionals' ("WCCP") annual Claims Management and Leadership conference was held this year in Naples from June 19th through the 22nd ...
July 25, 2011
