BROWARD COUNTY On May 20, 2014, Douglas Cohen of the Fort Lauderdale office was awarded the Joan and Douglas Gross Community Service Award by the Jewish Federation of Broward County. This award is given to those who enrich the lives of others through leadership involvement and volunteerism, furthering the goals and philosophy of the Jewish Federation of Broward County. Douglas received this award for having co-chaired the Jewish Federation of Broward County’s Young Leadership Division Mitzvot (Volunteer) Committee and making […]

Two potentially significant workers’ compensation cases are now pending before the Florida Supreme Court. The first is the high-profile Westphal matter (BRADLEY WESTPHAL  vs.  CITY OF ST. PETERSBURG, ETC., ET AL Lower Tribunal Case(s): 1D12-3563, 10-019508SLR), dealing with the issue of temporary permanent total disability benefits, after the 104 weeks of temporary benefits are exhausted.  It is now scheduled for oral argument on June 5, 2014. The second is an attorneys’ fee case involving a federal and state constitutional challenge […]

Claimant’s counsel argued the decedent was a ‘statutory employee’ of the insured employer….  But, as a subcontractor he wasn’t covered. In the summer of 2008, a construction worker fell off a ladder and was killed. The deceased worker’s estate filed a wrongful death action against the contractor. The suit was tendered to the firm’s client, an insurance carrier that had issued a CGL policy to the contractor. The carrier declined to provide defense and indemnity with regard to the wrongful […]

The insureds only realized they had a leak when their water bill was unusually high. The insureds claimed they suffered a loss to their residence due to an under the slab pipe leak. The applicable policy provided coverage for direct loss to property, but only if that loss is a physical loss to property. Coverage was denied. The insured filed a Petition for Declaratory Relief. During the deposition of the insureds, testimony was obtained that there was no damage to […]

Westphal v. City of St. Petersburg En Banc decision filed September 23, 2013 The First DCA has rendered their opinion en banc—the entire court reviewed the panel decision—and rejected the panel decision. The appellate Court’s holding on the issue of whether Westphal was entitled to file for PTD benefits prior to being placed at medical maximum improvement was a practical solution.   The Court held that “a worker who is totally disabled as a result of a workplace accident and […]

Judge Agrees Insurer Not Liable on Owner’s Misrepresentations Senior Partner John Joy (Ft. Laud.) and Junior Partner Kelly Corcoran (WPB) recently obtained a Final Declaratory Judgment on behalf of the insurer in an action to determine insurance coverage regarding the existence of Chinese drywall in a home. The claims against the insured were related to representations by the insured during the sale of a home regarding the non-existence of Chinese drywall (even though it was alleged the insured knew Chinese […]

Claimed L2 back injury didn’t prevent work, work and more work Allison Chittem Hartnett and Lourdes C. de Armas-Suarez obtained a favorable ruling on behalf of WLSC’s Employer/Carrier client, defeating a workers’ compensation permanent and total disability claim. The Claimant in this case was working as a mezzanine installer when he suffered a compensable fall from a mezzanine and injured his back. Medical treatment was authorized and the Claimant was diagnosed with a L2 compression fracture. Back surgery was performed […]

No catastrophic injury; no loss of earning capacity. Senior Partner Gregg Margre and Associate Michele Bachoon, attorneys in the firm’s West Palm Beach Office, prevailed before the Judge of Compensation Claims in a Permanent Total Disability (“PTD”) claim which was previously litigated. The Claimant, a bus driver, was injured in three separate workers’ compensation accidents on September 26, 1996, August 21, 2001, and November 10, 2004. The Claimant continued to work for the Employer following her accidents and retired on […]

Partner Douglas Cohen Esq. of WLSC’s Fort Lauderdale office successfully defended Citizens Property Insurance Corporation against a first party property loss claim by arguing the lawsuit should be dismissed solely based on the Pleadings. Judgment on the Pleadings may be available when Plaintiff’s allegations, even if taken as true, are excluded under the unambiguous language of the insurance policy. The Plaintiff’s Complaint alleged that while the Plaintiff was performing a remodeling of his bathroom, he lost control of the chipping/sledgehammer […]

TALLAHASSEE — For the second year our partner, Scott Berglund Esq., in the North Florida office, located in Tallahassee, was honored to accept the invitation of the Department of Financial Services/Division of Risk Management to speak at the “Loss Prevention Academy.” This is a two day event/seminar for the leaders of the multiple State Agencies to further the State’s agenda of “Safety First.” Mr. Berglund was asked to contribute to this event with a lecture explaining the “Litigation of a […]