On June 11, 2026, the first DCA released its straightforward opinion in Koren v. City of Kissimmee, ruling that where Claimant challenged only one among multiple independent grounds on which the JCC based denial, such appeal could not succeed. https://flcourts-media.flcourts.gov/content/download/248…
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By reinterpreting the word “toll” in Section 440.19(2), Fla. Stat., the Court has upended three decades of settled law, replacing the traditional ‘extension’ of time remaining under the statute of limitations now with a "two clocks" method that suspends the running of the limitations period. What fo…
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Nancy Estes v. Palm Beach County School District and Davies Claims in North America, Inc. 1st DCA No.1D2025-0079 (3/23/26) Overview: The 1st DCA just issued a controversial 52 page(!) EN BANC Opinion (all judges voting, but with two lengthy, strong written dissents—and two judges not participating)…
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An H. G. Kagan Caselaw Alert: Notable Appellate & Trial Outcomes(short of landmark status).But also: a Landmark to ‘BOLO!’ First, notable appellate outcome:Regarding: Negotiated Workers’ Compensation Insurance Program (NWCIP), a form of collective bargaining agreement (CBA). Sapp v. Sims Crane & Equ…
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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…
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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 9/6/21, final 9/21/23. JCC Jack Adam Weiss. Claimant’s counsel: Michael J. Winer, appeal; Brian O. Su…
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Big Law Day! Court releases one blockbuster on ‘120 day’ rule, and one definitive new ‘limitations’ interpretation, on May 31, 2023. (Not HGK cases, but a recent opinion in an HGK case not warranting a free-standing Alert is at least worth mentioning, so, ‘triple header!’). In order of priority: The…
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CAN’T TOUCH THIS! JCC has no jurisdiction to affect a §440.211 collective bargaining agreement arbitration determination in any way (language of later-added 440.1926 notwithstanding). Claimant’s efforts/JCC’s Order changing the status quo: thwarted! (Hence the ‘minor’ Landmark designation). SIMS CRA…
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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…
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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. is honore…
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Court drops the other shoe on extremely close “arising out of” cases, paired with the 2/16/22 Silberberg v PBCSB decision; Fall at work with zero material work contribution But also, zero worker contribution, equals… Compensable! “Clumsiness is covered.” Note: Though general applicability of these t…
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Newly expanded definition of “idiopathic/personal” condition -- but applicable to a narrow range of “arising out of” cases STEVEN SILBERBERG v. PALM BEACH COUNTY SCHOOL BOARD, FIRST DISTRICT COURT OF APPEAL, February 16, 2022. Case No. 1D20-75 (JCC Carol J. Stephenson) Subject: “Arising out of work…
Read More »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…
Read More »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 VELAZQUE…
Read More »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 mentioned in promoting WCI…
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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 it! Have recent de…
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 pe…
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 nov…
Read More »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 word…
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…
Read More »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.4…
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 notio…
Read More »4/9/2019; Both types of case notices: (1); Significant HGK Appellate Outcome, and (2) A Landmark Alert! Just a couple of weeks after advising I will be sending out "LANDMARK ALERTS" in major breaking cases and/or Significant HGK Appellate Outcomes, up pops the first landmark case in perhaps a year,…
Read More »New Feature: From time to time I will issue two types of appellate Case Law Notices for benefit of clients and friends. Today's Case Notice covers two cases of the first type; "Significant HGK Appellate Outcomes,” i.e., my own case outcomes seen as significant or interesting even if they do not resu…
Read More »New, for 2019! Celebrating only one year in practice as of January 2019, H George Kagan PA is designated one of only nine law firms in Florida to receive U.S. News & World Report “Best Law Firms for Workers’ Compensation Law-Employers.” (Kagan’s former firm, MKRS Law, is another of the nine!)
Read More »Recognitions and Philosophies -- but the focus here is on "...the rest of the story!"Recognitions:As most friends and clients now know, I was honored in San Diego last week to have been one of six 'defense attorney' nominee-finalists in the country at the 2018 WorkCompCentral Comp Laude® awards Gala…
Read More »73rd Annual Worker’s Compensation Educational Conference, I am pleased to have participated in WCI’s 73rd annual Worker's Compensation Educational Conference in Orlando, August 2018, both as a speaker in my own right, and as co-chair of the National Worker's Compensation Review. On Monday: I partici…
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