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HGK Semi-Landmark Alert

HGK Semi-Landmark AlertCategory of alert: New case affords important refresher course   Subject: Independent contractor injury during argued “construction industry” activity: statutory employee or not?The devil is in the details. Cabrera v. Kablelink Communications, LLC, 1D20-736, 2021 WL 4592086 (Fla. 1st DCA Oct. 6, 2021) [was to become final 10/21/21 but Claimant filed motion for …

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New HGK Case Law Notes

Opinion published: one of two pending appeals stemming from the same catastrophic injury claim, this one dealing with extraordinary procedure Claimant invoked toward obtaining alternative appellate relief. This case – and the Court’s opinion – is mainly about tactics and procedure. SALATIEL VELAZQUEZ HERNANDEZ, Petitioner, v. J. STERLING QUALITY ROOFING, INC., d/b/a STERLING ROOFING/SUMMIT, Respondent. …

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Landmark Case Alert: One time change/5 day rule under §440.13(2)(f), Fla. Stat.

Subject:   ‘One time change/5 day’ rule under §440.13(2)(f), Fla. Stat Disruption Factor:  Mild – for now – pending Supreme Court construction on Certified Question Upshot:   Modification (but not radical change) in construction of E/C’s responsibility to act, for now. Status;   Not final till rehearing period expires, but more important: case is certified to the Florida Supreme …

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Workers’ Compensation Questions for A Pandemic

In response to general inquiries from clients, the following are initial thoughts and opinions derived from relevant Florida Workers’ Compensation statutes and case law as applied to questions likely to arise during and after the unprecedented COVID-19 pandemic, including projections touching on novel circumstances.  Given Florida’s First District Court of Appeal issues opinions weekly construing …

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H. George Kagan PA, is among U.S. News & World Report’s – “BEST LAW FIRMS” 2020

This Just In! H. George Kagan is delighted — and sincerely humbled – to announce for the second consecutive year his firm, H. George Kagan P.A., is among U.S. News & World Report’s – “BEST LAW FIRMS 2020” Metro Tier 1 Rankings of Florida, Workers’ Compensation, on behalf of the employer.  A few words are in order. …

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H George Kagan receives national 2019 Defense Attorney “Comp Laude Award®” at WorkCompCentral gala, Huntington Beach, Ca., 9/24/19:

H George Kagan receives national 2019 Defense Attorney “Comp Laude Award®” at WorkCompCentral gala, Huntington Beach, Ca., 9/24/19: WorkCompCentral gives out “The Comp Laude® Awards” at its annual gala in California, an industry tradition started by its late founder, David DePaolo and designed — as current president and CEO Kristin Chavez put it — to …

H George Kagan receives national 2019 Defense Attorney “Comp Laude Award®” at WorkCompCentral gala, Huntington Beach, Ca., 9/24/19: Read More »

A TRUE summer blockbuster: National Workers’ Compensation Review: 2019 edition reveal (including spoiler alerts)! August 12-14th, Orlando World Center Marriott

A TRUE summer blockbuster: National Workers’ Compensation Review: 2019 edition reveal (including spoiler alerts)! August 12-14th, Orlando World Center Marriott What is the NWCR? Brief History and mission statement:One score less six years ago, our cochairs brought forth on this continent a new notion, conceived during my term as national Workers’ Compensation Committee chair of …

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