The First DCA recently reversed a JCC order that awarded retroactive authorization of surgery that a claimant obtained from an unauthorized provider.  In the case of Hansen & Adkins Auto Transp. v. Martin, No. 1D17-3339 (1st DCA Dec. 10, 2018), the claimant did have an authorized provider who recommended a cervical fusion surgery at multiple levels.  The E/C obtained an IME who opined that the claimant’s workplace injury was a strain/sprain only and was not the major contributing cause of any condition for which the fusion surgery was recommended. Based […]

The law firm of Boyd & Jenerette is honored to have three of our Partners selected to the 2018 Florida Super Lawyers list and to also have two more of our Partners selected to the 2018 Florida Rising Stars list. Congratulations, you’ve worked hard to earn this selection! Each year, no more than 5% of the lawyers in the state are selected by the research team at Super Lawyers to receive the honor of being included on The Super Lawyers list and no more than 2.5% of attorneys in the […]

In a recent case, Stark v. Alan Slootsky, the JCC denied the Employer/Carrier’s Motion to Tax Costs for a number of reasons. As a procedural background, by way of a compensation order dated November 3, 2014, both the Employer/Carrier and Employee prevailed on certain issues and defenses presented. The parties reserved as to fees and costs. On July 27, 2017, after the Claimant filed a Verified Petition for Attorney’s Fees and Costs and the Employer/Carrier filed a Verified Response to same, the parties stipulated to attorney’s fees and costs due […]

Boyd & Jenerette is pleased to be a sponsor of this annual event offered by the Workers’ Compensation Section of The Florida Bar and the WCCP Association. The educational forum is for board certified (CWC) claims professionals pursuing their advanced CWCL certification. The conference also offers advanced educational programming for other professionals on the complex issues that surround workers’ compensation litigation. The event will be held on April 12-13 at the Omni Orlando Resort at ChampionsGate in Championsgate, Florida. The resort is surrounded by 36 holes of championship golf, including […]

At a hearing before the ALJ of the State Board of Workers’ Compensation in Georgia, Boyd & Jenerette successfully defended against a claim brought by a longshoreman injured in the course and scope of employment.  The longshoreman contended that his injuries were such that he continued to suffer a disability for which he was entitled to ongoing indemnity and medical benefits.  Shareholder Mark Eckels, on behalf of the Employer/Carrier, argued that the injury resulted in a temporary aggravation only that returned to its pre-existing baseline, thus eliminating any continued entitlement […]

The defense of workers’ compensation claims has been a focal point of the firm’s practice for more than 65 years.Boyd & Jenerette is pleased to announce that Shareholders Benford Samuels and Glen McClary have each assumed the role of Co-Chair for the workers’ compensation practice.Benford Samuels concentrates his practice on workers’ compensation disputes in Florida state courts. He also regularly defends claims brought under the federal Longshore and Harbor Workers’ Compensation Act throughout the southeastern United States. Ben’s breadth of experience in the employer liability arena allows him to provide […]

The 1st DCA has again attempted to clarify the ever-evolving major contributing cause analysis under section 440.09(1)(b) in the case of Teco Energy, Inc. v. Williams, 42 Fla. L. Weekly D2663 (Fla. 1st DCA December 19, 2017).  In cases involving degenerative conditions, many practitioners have cited language in the case of Osceola County Sch. Bd. v. Pabellon-Nieves for the proposition that to qualify as a pre-existing condition under 440.09(1)(b), a degenerative condition must have required “some level of treatment” before the workplace accident in question.  However, in Teco Energy, Inc. […]

Boyd & Jenerette Shareholder Mark Eckels completed the Honolulu Marathon in Hawaii on December 10, 2017. When he crossed the finish line, Mark achieved his 2003 goal to successfully run a marathon in all 50 states. “It has been an incredible experience, traveling to every state,” said Mark. “Most people do not visit all 50 states, let alone run a marathon in them. Along the way, you see some amazing sites and meet incredible people.” He has completed over 75 marathons in total. He is now working on his related […]

Boyd & Jenerette’s Board Certified lawyers by The Florida Bar were recently listed in 904 Magazine’s 2017 Fall Issue. The magazine highlighted the following lawyers in Jacksonville’s 2017 Board Certified Lawyers list: Workers’ Compensation Heather Byrer Carbone Partner Direct: 904.493.3769 Email: hcarbone@boydjen.com

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