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CHRISTMAS EVE-EVE SPECIAL: COURT RE-DECIDES ORTIZ SOL CASE–28 PAGE OPINION!
An H G Kagan Caselaw Alert:Confirmation of Last Year’s“GOING AND COMING” Landmark Alert: Himalstein v. Water Connection, Inc, and RetailFirst Insurance Company, Summit, 1st DCA No. 1D22-2557, issued 9/6/23, final 9/21/23. 

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CHRISTMAS EVE-EVE SPECIAL: COURT RE-DECIDES ORTIZ SOL CASE–28 PAGE OPINION!

Kagan Notable Appellate & Trial Outcomes, News / By

CHRISTMAS EVE-EVE SPECIAL:COURT RE-DECIDES ORTIZ ‘SOL’ CASE–28 PAGE OPINION! Something sweet, or lump of coal?   Ortiz v. Winn-Dixie, Inc., Travelers Ins., and Sedgwick CMS, Fla. 1st DCA, No. 1D22021-0885, 12/23/24 After a year and a half of everyone on pins and needles, even though the claimant has now prevailed, in my view the result for industry …

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HGK LANDMARK ALERT: AN HGK CASE!

Kagan Notable Appellate & Trial Outcomes, New Cases & Notes, News / By

END OF ‘IRREGULAR WORKPLACE LOCATION’ AND ‘SOME EMPLOYER EQUIPMENT IN THE CAR’ EXCEPTIONS TO ‘GOING AND COMING’ RULE DSK GROUP, INC., and ZURICH AMERICAN INSURANCE COMPANY v. HERNANDEZ, April 27, 2022, Case No. 1D19-2632 Claimant’s counsel: Kimberly A. HillE/C counsel: H. George Kagan  Issue. Whether §440.092(2) ‘going or coming’ exclusion precludes compensability of injury “going” …

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Latest Recognitions

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I am generally reluctant to post as ‘news’ various annual industry recognitions I receive — seems so vain, and you’ve got more important things to read — but this one stands out in my mind, so I am sharing, along with a moment’s reflection.   For 2022, my small firm, H. George Kagan, P. A. …

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

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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

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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

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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:

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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 »

July, 2019 Update; Two Significant HGK Appellate Outcomes Have Become Final

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July, 2019 Update; Two Significant HGK Appellate Outcomes Have Become Final (1)      Controverted paraplegia injury claim: independent contractor or employee?  Extremely close “all or nothing” question touching all elements under both ‘alternative’ statutory tests for independent contractor status. (F.S.440.02(15)(d)1a(II), AND (VI) AND F.S.440.02(15)(d)1b(IV)!   Platt Jr. v. Four Fountains, Inc. and PMA Companies, 1st DCA Case …

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