Since 2003 Amendments, Employer/Carriers Have Enjoyed Reduced Exposure — But is the Tide Turning? The Florida First District Court of Appeals, in a lengthy landmark decision dated February 28, struck down as unconstitutional the 104-week cap on temporary total benefits found in §440.15(2)(a). The cap had been a key component of the state’s 1994 reforms of the workers’ compensation system, ending the “wage loss” category of benefits. In the case Westphal v. City of St. Petersburg, the court found that […]

With the threat of a pending hearing on Defendant’s Motion for Summary Judgment, Plaintiff’s counsel filed an 11th hour Notice of Voluntary Dismissal on a products liability case that was initiated in 2007 in West Palm Beach. The claims against our client, a pharmacy, sounded in negligence, failure to warn, breach of warranty, false advertising, and improper compounding. According to the Plaintiff’s allegations, she used human grown hormone (HGH), which was compounded and provided by our client. It was further […]

Attention to Detail Helps Universal Property Avoid Exposure in Expensive Residential Mishap Joseph Suarez, Esq., partner in the Miami office, successfully defended against Petitioner’s declaratory judgment action seeking a determination of coverage under her homeowner’s insurance policy relating to damage to her tile floor. Petitioner claimed that she dropped a cooking appliance the day after the inception of the policy, which caused damage to one floor tile. The first notice of the claim was more than three years after the […]

Understanding the recent judicial changes to the proof of loss policy condition WLSC likes to keep our clients well informed as to the most recent changes in the law. To that end, below we present a summary of two recent Florida cases which have drastically changed the ability of insurers to be granted a Motion for Summary Judgment based on the insureds failure to comply with the proof of loss provision in the insurance policy. As the case law below […]

Robert J. Strunin and Michele E. Ready, partners in the Firm’s Miami office, collaborated again to secure JCC and First DCA rulings on an important point on Florida Worker’s Compensation Law – this time regarding the right of the Employer/Carrier to terminate non-PTD indemnity benefits following 401 weeks from the Claimant’s date of loss pursuant to Fla.Stat. §440.15(3)(c)(2002). The at-issue industrial accident occurred on 4/28/03; over the years, Claimant, who suffered numerous injuries in a compensable worker’s compensation accident, received […]

Walton Lantaff Tampa-region attorney Mark Massey, Esq., has been appointed by Florida Gov. Rick Scott to become a Judge on the Tampa Workers Compensation bench. WLSC Managing Partner Richard G. Rosenblum said, “This is something Mark has wanted for a long time, and we congratulate him on achieving his goal. He has vast WC knowledge and I have no doubt he will be a great asset to our State’s Judiciary” Senior Partner Deborah Poore Fitzgerald said, “Congratulations to Judge Mark […]

Managing Partner Rosenblum fights for Universal Property, grabs victory against odds A poorly installed ceiling fan spontaneously fell and struck the tenant of a South Florida rental condominium, who was hospitalized as a result of the accident. The tenant sustained a laceration over the right eye requiring suturing in the emergency room and leaving a one-inch scar. The tenant brought suit against her landlord who did not install the fan. A Jury Trial was held in Palm Beach County. The […]

Strong Defense at Trial by WLSC Keeps Claimant Counsel’s Hand Out of Cookie Jar In this 2001 claim, years went by without the Employer/Carrier furnishing medical treatment or benefits to the Claimant. A petition was filed, and the E/C timely asserted the statute of limitations defense. At trial, the judge found that an Order issued in 2007 dismissing all Petitions from DOAH was unsigned and technically did not dismiss all Petitions and thus, the statute had not run in this […]

Motion for Summary Judgment Granted on Statute of Limitations Grounds Senior Partner Deborah FitzGerald and Associate Kelly Vogt recently obtained a Summary Judgment in a legal malpractice action in favor of their lawyer client. The action was pending in the 20th Judicial Circuit in Naples, FL. WLSC was retained by a prominent liability insurance carrier to defend its Insured’s lawyer in a professional malpractice action stemming from a real estate transaction in which the lawyer satisfied a different mortgage than […]

Dream Team Enjoys Challenges of Serving the Counties of Beautiful Central and North Florida For over 75 years, Walton Lantaff Schroeder & Carson LLP has defended insurers and their insureds in an increasingly complex and challenging economic environment. The Firm’s goal is to minimize our client’s exposure and achieve the client’s desired result. We are your partners in managing risk. A simple operating philosophy has guided Walton Lantaff in its relationships with its clients: “To Provide Strong Advocacy for the […]