LATEST UPDATES:
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.
5/31/2023 : An H.G. Kagan LANDMARK ALERT 'Double Header'
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” …
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. …
LET’S ALL – the whole WC industry — give thanks where thanks are due. On behalf of the NWCR I proclaim our deepest appreciation to WCI and the flesh and blood humans behind it for putting on a heck of a show under the most trying circumstances short of a cat 5 storm! As I …
Nothing of course can replace the annual WCI conference but Steve, Jim and the rest of the WCI crew have done an amazing job creating something delicious to whet our appetite until we can all break bread together, live and in person, next year – and I am very proud to be a part of …
In praise of WCI’s FREE 3 day mini-educational forum, August 17th-19th! Read More »
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 …
Landmark Case Alert: One time change/5 day rule under §440.13(2)(f), Fla. Stat. Read More »
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 …
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. …
H. George Kagan PA, is among U.S. News & World Report’s – “BEST LAW FIRMS” 2020 Read More »
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 …
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 …
July, 2019 Update; Two Significant HGK Appellate Outcomes Have Become Final Read More »
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 …
