Following a 2014 amendment to the 60Q-6.113(2)(a) of the Rules of Procedure for Workers’ Compensation Adjudications, the First District Court of Appeals has held employer/carriers to a strict standard in stating all defenses available in pre-trial stipulations.  The rule states that “all available defenses not raised in the pre-trial stipulation are waived unless thereafter amended by the judge for good cause shown” and that “absent an agreement of the parties, in no event shall an amendment or supplement be used to raise a new claim or defense that could, or […]

Boyd & Jenerette, P.A. welcomes Katherine B. Brezinski as an Associate in the Jacksonville office. 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. Prior to joining Boyd & Jenerette, P.A., Ms. Brezinski held a federal clerkship position with Judge Patrick M. Rosenow of the Department of Labor in Covington, Louisiana. Katherine graduated in 2014 from Tulane University Law School in New Orleans, Louisiana. Katherine B. BrezinskiAssociate Direct: 904.493.3756 Fax: 904.493.3747 Email: kbrezinski@boydjen.com

The House Insurance and Banking Subcommittee voted Tuesday, March 14 on a proposed bill that would make key changes to the state’s workers’ compensation insurance system. The House panel ultimately approved the 34-page bill. The bill deals with a number a workers’ comp issues, including medical reimbursement provisions and benefits to injured workers. However, the most divisive issue was that of attorney fee limits. The proposed bill (PCB IBS-17-01) allows judges of compensation claims to approve fees up to $250 an hour for workers’ attorneys. The purpose of the proposed […]

In a recent article on MSN.com entitled, “Don’t Prescribe Drugs for Back Pain, Doctors Told” by Maggie Fox and Jane Derenowski, published on February 14, 2016, indicates that the American College of Physicians (ACP) now recommend non-pharmacologic treatment instead of prescription medication for treating low back pain.  Claims professionals in the workers’ compensation industry know that back pain and chronic back pain are the most frequent injuries sustained by injured workers and can include exacerbation and aggravation of pre-existing conditions. Today, we often see providers recommending medications during the first visit.  […]

In a case concerning attorney fees, the First DCA addressed the situation when an employer/carrier accepts responsibility for medical expenses within thirty days of receiving a petition for benefits but does not actually pay the medical bills until after thirty days.  Sansone v. Frank Crum/Frank Winston Crum Ins., Inc., 201 So. 3d 1289 (Fla. 1st DCA 2016). The court held that so long as the employer/carrier accepts responsibility for medical expenses within the thirty-day grace period, it is not liable under section 440.34(3)(b) for fees associated with those benefits. The […]

Boyd & Jenerette’s workers’ compensation team recently obtained a successful Final Compensation Order denying compensability, death benefits to the surviving spouse, and funeral expenses on behalf of its client, an employee leasing company and its workers’ compensation carrier.  The claim was defended by Partner, Heather Byrer Carbone, and Associate, Kelly Brannon, in the Judge of Compensation Claims Jacksonville District.  The matter involved several complex issues including the claimant’s status as a traveling employee and whether the claimant was in the course and scope of his employment at the time of […]

A Leon County Circuit Court Judge issued a ruling on 11/23/16 which held that NCCI failed to comply with Florida’s Sunshine Law and open meeting requirements. NCCI approved a rate increase of 14.5%. The Florida Office of Insurance Regulation filed a Notice of Appeal with the First District Court of Appeals. The appeal effectively holds the 11/13/16 Circuit Court decision until the case is reviewed by the First District Court of Appeals. NCCI has previously maintained that it is not subject to Florida’s public records and open meetings law. At this […]

A recent decision rendered by the U.S. Eleventh Circuit Court of Appeals held that after settling with plaintiff, defendants were obligated to directly reimburse Humana for medical expenses paid on behalf of an enrollee’s accident related injury.  Humana Med. Plan, Inc. v. W. Heritage Ins. Co., No. 15-11436, 2016 U.S. App. LEXIS 14509, at *1, *3-5 (U.S. 11th Cir. 2016).  In the settlement agreement between the parties regarding claims for personal injuries, the defendants agreed to pay $115,000, and the plaintiff agreed to release the defendants from any claims related […]

Please note that the Department of Financial Services investigators are out and about ensuring that Employers, primarily in the construction industry, are in compliance with the Florida’s workers’ compensation laws.  Especially during the post Hurricane Matthew clean-up efforts, we expect the investigators to increase their patrol in areas affected the most by the Hurricane.  If any of your clients have received a Stop Work Order, Penalty, or are being audited by the Division of Workers’ Compensation for compliance, please contact our office at 904-353-6241 for a list of attorneys who […]

The American Institute Of Legal Counsel has recognized the exceptional performance of Boyd & Jenerette Shareholder, Glen A. McClary, as one of 2016’s “10 Best” Workers’ Compensation Attorneys for Client Satisfaction in Florida. We congratulate Glen on this achievement and we are honored to have him as a 2016 AIOLC Member.The American Institute Of Legal Counsel is a third-party attorney rating organization that publishes an annual list of the Top 10 Workers’ Compensation Attorney in each state. Attorneys who are selected to the “10 Best” list must pass AIOLC’s rigorous selection process, which […]