Yearly Archives: 2017

30 Oct, 2017

Workers’ Compensation Update – Recent Article: ICE to Target Employers Who Hire Illegal Immigrants

Workers' Compensation - Image of Claim Form

According to the Washington Examiner, U.S. Immigration and Customs Enforcement Director, Thomas Homan, said this week that his agency will increase workplace immigration enforcement efforts by up to 4-5 times the current level.  That will include conducting more I-9 audits.  An I-9 form is used to verifying the identity and employment authorization for someone to be hired to work in the U.S. Boyd & Jenerette – Workers’ Compensation & Employment

25 Oct, 2017

Workers’ Compensation Update – Florida Supreme Court Set to Revisit Daubert

Workers' Compensation - Image of Claim Form

In 2013, the Florida Legislature approved an amendment to the evidence code that required a switch in qualifying experts from the Frye to Daubert standard. However, by a vote of 4-2, the Supreme Court did not adopt the change and stated that in order to change the state’s evidence code on how expert witnesses are qualified, they needed to address the issue in a case in conflict. Today, in Delisle v. Crane Co., the court finally has the case in conflict to address this issue. In Delisle, the trial judge […]

18 Oct, 2017

Insurance Coverage & Bad Faith Case Law Update – Failing to Timely Upload a Response to a CRN Does Not Automatically Create a Presumption of Bad Faith

Image of Judge Gavel

In February 2015, the United States District Court for the Northern District of Florida entered its opinion in Vaughn v. Producer’s Agricultural Insurance Company, 111 F. Supp. 3d 1251 (N.D. Fla. 2015). The Court’s reasoning and ruling remains useful as a means to counter allegations that an insurer failed to timely respond to a civil remedy notice. In granting summary judgment in favor of the insurer, the Northern District found that section 624.155, Florida Statutes, does not mandate any specific method or means of responding to a civil remedy notice. […]

18 Oct, 2017

Randy R. Dow Publishes Article on Arbitration Clauses In Construction Contracts in ActionLine’s Fall Issue

Boyd & Jenerette Partner and Products Liability Practice Group Leader, Randy R. Dow, recently published an article titled “Arbitration Clauses In Construction Contracts: Not A One-Size-Fits-All Solution.” This article was originally published in the Fall 2017 issue of ActionLine, a publication of The Florida Bar Real Property, Probate & Trust Law Section.  Arbitration Clauses In Construction Contracts: Not A One-Size-Fits-All Solution By Randy Dow, Esq., Boyd & Jenerette, P.A., Coconut Creek, Florida The common wisdom is that arbitration provides a swift, private and cost-effective path to dispute resolution. Mindful of […]

18 Oct, 2017

Boyd & Jenerette Associate Katherine B. Brezinski Admitted to Practice in New York

Katherine B. Brezinski was sworn in to The New York Bar by the Third Judicial Department in Albany, NY, on October 12, 2017. Ms. Brezinski is also licensed in Florida, Massachusetts, and was recently admitted to the U.S. District Court for the District of Massachusetts. She devotes her practice to the defense of employers and insurance carriers in workers’ compensation claims and in claims arising out of the Longshore and Harbor Workers’ Compensation Act. Katherine B. BrezinskiAssociateDirect: 904.493.3756 Email: kbrezinski@boydjen.com

5 Oct, 2017

Boyd & Jenerette Welcomes New Associate, Nadine J. Foehl

Boyd & Jenerette is pleased to welcome Attorney, Nadine J. Foehl to the firm’s Coconut Creek office. Nadine handles claims related to personal injury defense, product liability, construction defects, and general negligence claims. Prior to joining the firm, Nadine represented clients in a variety of matters including contract disputes, fraud claims and actions under Florida’s Private Whistleblower statute. In law school, Ms. Foehl was the technical editor of the ILSA Journal of International and Comparative Law. Nadine J. FoehlAssociate Direct: 954.334.0601 Email: nfoehl@boydjen.com

2 Oct, 2017

Kansas R. Gooden Receives FDLA James A. Dixon Young Lawyer of the Year Award

Boyd & Jenerette congratulates Kansas R. Gooden for receiving the James A. Dixon Young Lawyer of the Year Award from the Florida Defense Lawyers Association (“FDLA”). The award is given annually to a young lawyer who exceeds the standards of excellence, dedication and commitment to the FDLA and its goals. The award was established in 1998 in honor of the first FDLA Executive Director, James A. Dixon. The award was presented during the FDLA’s Annual Convention on September 30, 2017. Kansas currently serves on the Board of Directors as the […]

29 Sep, 2017

Boyd & Jenerette Clients Prevail in Final Merits Hearing

Linda Wagner Farrell prevailed for client Capps Land Management and Summit after a lengthy final merits hearing. On September 24, 2017, JCC Holley in Jacksonville denied compensability and death benefits. This was a complicated claim with two employer / carriers, a factually intensive case, and nine witnesses testifying at the final merits hearing. JCC found that the claimant was not in the course and scope of his employment, and was not in traveling employee status, when he stopped after work to repair a skid steer construction loader that was given to him […]

29 Sep, 2017

Workers’ Compensation Update – NCCI Recommends 2018 Rate Decrease

Workers' Compensation - Image of Claim Form

The National Council on Compensation Insurance (“NCCI”) has recommended an overall premium level decrease of 9.6%, effective January 1, 2018. The recommended decrease is a result of “a continued improvement in claim frequency, more than an 8% decrease in Florida over the last two years, and is the primary driver of the decrease” filed with the Florida Office of Insurance Regulation, NCCI said in a statement. Last year NCCI filed a 14.5% rate increase in response to Florida Supreme Court decisions in cases Castellanos v. Next Door Company, et al. […]

27 Sep, 2017

Boyd & Jenerette Associate Katherine B. Brezinski Admitted to Practice in Florida

Katherine B. Brezinski was sworn in to The Florida Bar by Judge of Compensation Claims Ralph Humphries on September 25, 2017. She is also licensed in Massachusetts, and was recently admitted to the U.S. District Court for the District of Massachusetts. She devotes her practice to the defense of employers and insurance carriers in workers’ compensation claims and in claims arising out of the Longshore and Harbor Workers’ Compensation Act. Katherine B. BrezinskiAssociateDirect: 904.493.3756 Email: kbrezinski@boydjen.com

Comprehensive Services

Many cases overlap several areas of law. As a full service law firm, we are able to recognize how one legal discipline impacts another. We work as a team on complex issues that require knowledge of a variety of state and federal laws. This multi-disciplinary approach allows clients to receive the large-firm advantage of access to multiple attorneys in a wide scope of practice areas as well as the hands-on customer service offered by a boutique law firm. In addition to civil litigation, employment law, workers’ compensation defense, commercial law, construction law and appeals, our firm also handles professional liability claims.

Our bilingual staff is available to assist with immigration matters, including consular and removal defenses.