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 […]

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. […]

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

Attorneys from the Boyd & Jenerette Workers’ Compensation & Employment, and Longshore & Maritime practice areas were pleased to participate in the Workers’ Compensation Educational Conference WCI 2017 conference, held recently in Orlando. We were happy to visit with clients and friends from insurance carriers, employers, third party administrators and others. Thanks to everyone who stopped by our suite to say hello.

Boyd & Jenerette Attorneys, Heather Byrer Carbone and Kelly Brannon, presented a seminar titled “Workers’ Compensation & Stop Work Orders” at the Associated Builder’s & Contractors education seminar that took place on August 2, 2017. The presentation included the application of Florida workers’ compensation laws specific to the construction industry including employer compliance, workers’ compensation immunity and coverage between general contractors and subcontractors. If you have any questions or are interested in scheduling a CE seminar on this or other topics relating to workers’ compensation please contact: Kelly M. Brannon […]

On June 9, 2017, the First DCA handed down the case of Lewis v. Dollar Rent A Car, 42 Fla. L. Weekly D1331 (Fla. 1st DCA 2017), which quashed a JCC order granting an employer/carrier’s motion to compel a functional capacity evaluation (FCE).  The employer/carrier’s motion asserted that the FCE was ordered as medically necessary by the authorized treating physician.  When the claimant refused to attend, and the JCC granted the employer/carrier’s motion to compel, the claimant filed a Petition for Writ of Certiorari with the First DCA. To obtain […]

At the urging of attorney John Morgan, the largest donor for medical marijuana (MMJ) in Florida, Governor Scott convened a special legislative session this month.  By a vote of 29-6 in the Senate and 103-9 in the House, the following guidelines for MMJ passed and now await Governor Scott’s signature.  Governor Scott is expected to sign the bill ASAP. Patients: will be able to obtain a 70 day supply with two refills before having to return to the doctor; no smoking will be allowed; to qualify patients must suffer from […]

The 2017 WCCP Annual Claims Management & Leadership Conference was held at the Hyatt Regency Coconut Point in Bonita Springs, Florida from June 11th-14th, 2017. The theme for the conference, “Building Resilience Through Leadership,” was explored by local and national keynote speakers. Additionally, there were leadership and management general sessions and workshops for claims and medical supervisors, managers, executives from carriers, third party administrators, self-insured employers, municipal and government entities. Boyd & Jenerette Partner and Workers’ Compensation Practice Group Leader, Linda Wagner Farrell spoke on “The Impact of Medical Marijuana in […]

On May 5th, the Legislative session adjourned and both HB7085 and SB1582 died “in the messages”. SB1582 was sponsored by Senator Rob Bradley and addressed issues including workers’ compensation definitions, pleading and adjudication of disputes, calculation of attorney’s fees, insurance rate-making, and expenditures that carriers can make to defend cases. HB7085 was sponsored by Representative Daniel Burgess and addressed issues including the definition of “specificity” under workers’ comp law, the change in appointments to the “3 member panel”, entitlement to temporary benefits, and enhancement of responses by Judges of Compensation […]

On May 9th, the First District Court of Appeals reversed the findings of Leon County Circuit Court Judge, Karen Gievers.  The Court remanded and said that the order which approved a 14.5% increase in workers’ compensation rates should be reinstated.  The Court issued a 19 page order and reversed Judge Gievers on each ruling and essentially held that no violations occurred during the rate making process.  The increase was originally proposed at 19.6% by the NCCI but The Office of Insurance Regulation adopted a 14.5% increase instead. Boyd & Jenerette […]