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Firm News
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Welcome, Paul Terlizzese!

January 8, 2016 -- We are very pleased to announce that Paul Terlizzese is joining HRMCW as a partner in our Ft. Pierce office, effective immediately.

Paul is well known throughout the Workers’ Compensation industry, having served 12 years as Judge of Compensation Claims for Brevard, Indian River and Okeechobee counties.   From 1999 to 2012 he presided over thousands of motions, trials and hearings.  Previously, he spent 10 years in private practice.

“It is a great honor and very exciting to welcome Paul to the firm,” says HRMCW co-founder and managing partner Rex Hurley.  “He has unparalleled experience and insight:  Paul has seen literally every kind of approach and argument to the gamut of cases in our industry, and our clients will benefit greatly from that experience.” 



HRMCW has significant experience representing clients in occupational exposure and mold claims.  Derrick Cox is addressing the Florida Association of Occupational Health Nurses’ (FAOHN) annual conference on Friday, October 2, 2015.   Derrick’s presentation will help nurses and case managers learn how to identify the claimants who potentially qualify for exposure claims.   To schedule a seminar on this or any of HRMCW’s 30+ State-approved topics, contact Nancy Curry at  ncurry@hrmcw.com


Congratulations to Rogers Turner, who’s been named Vice Chair of the Florida Bar’s Workers’ Compensation Board Certification Review Committee.

The committee is responsible for drafting and scoring the examination for attorneys pursuing board certification as Specialists in Workers’ Compensation.  Board certification is the Florida Bar’s highest evaluation of competency and experience for attorneys.  Thirteen of HRMCW’s 26 attorneys have earned this designation; Rogers himself has been Board Certified since 2002.

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Please join us in congratulating Anthony Amelio, who has been named one of Florida Trend Magazine's 2015 Legal Elite, a ranking that recognizes fewer than two percent of all active Florida Bar members.  Tony is one of just nine Workers' Compensation attorneys in the state to achieve this honor.


In April, HRMCW professionals presented seminars on Third Party Liens, the 5-Hour Law & Ethics Update, Part B(II) Coverage and Workers’ Compensation Appeals … as well as a Case Law Update designed especially for hospital managers. 

Client education is a particular specialty at HRMCW:  Nearly all of our attorneys are approved by the State of Florida as continuing education instructors.  In fact, we helped risk managers and adjusters earn more than 845 hours of continuing education credits in 2014!

For a complete list of seminar topics, please visit:  http://www.hrmcw.com/seminars.htm.  To schedule a seminar, contact Nancy Curry at ncurry@hrmcw.com


The 2015 Florida Bar Workers' Compensation Forum, which takes place at the Omni Orlando Resort at ChampionsGate April 9-10, is a must-attend event for legal practitioners and risk management professionals alike.  Rogers Turner will presentThe Employment Relationship, Employee Leasing Companies, Covered & Excluded Employment, Defenses to Claims and Fraud” Thursday, April 9th at 9:45 a.m.  Bill Rogner, who serves as Chairman of the Bar’s Workers’ Compensation Section, will lead a panel discussion of “The Constitutionality of Chapter 440 – Where Are We Now?” from 1:30-2:20 p.m. on Thursday.  For more information, visit www.wccp.org.


It is with great pleasure and pride that we announce Jonathan L. Cooley has been named a partner in the firm.   


Jonathan, who launched HRMCW’s Ft. Myers office in 2008, provides counsel to numerous clients in the agricultural, PEO and public entity sectors.   


Florida Bar Board Certified as a Specialist in Workers’ Compensation, Jonathan is an excellent lawyer, with a great deal of focus and drive.   Please join us in congratulating him!


Matt Troy Presents “Intoxication Defense” to Public Risk Managers

One of the biggest cost drivers on an existing workers' compensation claim is the utilization of prescription drugs, but what happens when the use of recreational and prescription drugs are a precursor before the "accident" even occurs?   Matt Troy recently presented a seminar on this topic to the Public Risk Manager Association (PRIMA) chapter meeting in Orlando.  His intoxication defense presentation explains how to manage Drug Free workplace programs before an accident occurs and how to defend employer positions afterwards.  To schedule a presentation, contact NCurry@HRMCW.com.


HRMCW’s Scott Newsom will present a series of eight Board Member Board Certification courses in February and March for FirstService Residential, Florida’s premier residential property management company.

Scott’s course covers the most critical aspects of day-to-day home owner association (HOA) operations, and fulfills the State of Florida’s educational requirements for newly appointed or elected HOA board members.  Subjects include Roles and Responsibilities; Running an Association;  Meeting and Quorum Requirements;  Records Maintenance; Financial Reporting, and Elections.  Seminar dates are:

Orange County:  Feb. 17, Feb. 26 and March 18;

Osceola County: Feb. 12

Lake County: March 12

Volusia County: Feb. 19

Seminole County: Feb. 11 and March 4 

For more information about Scott’s FirstService Residential series, or to request an HOA presentation, please contact Nancy Curry at 407-571-7088 or NCurry@HRMCW.com

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HRMCW Speaking at OJCC Judges' Educational Forum

HRMCW’s Bill Rogner and Matt Bennett are participating in “Florida Workers’ Compensation in the Year of the Supreme Court,” a day-long educational seminar presented by the Office of the Judges of Compensation Claims (JCC) and the Workers’ Compensation Institute (WCI) on Friday, February 6.  Matt is part of the “Effective Trial Preparation Strategies” panel from 12:30-1:20 p.m. and Bill is discussing “How the Appellate Process Works” from 1:30-2:20 p.m.   The seminar takes place at Florida’s First District Court of Appeal in Tallahassee and features judge panels from across the state.  For more information, call 850-425-8156.


HRMCW is pleased to welcome Mark E. Hill to the firm’s Ft. Pierce Office.  Most recently, he served a  four year stint as the state mediator in Sebastian.  Prior to that he was in private practice, focusing on workers’ compensation and family law.  A past president and director of the Indian River County Bar Association, Markl has earned multiple pro-bono awards from the Florida Bar Association and the Florida Rural Legal Service. 

“We are so pleased to have an expert of Mark’s caliber joining our firm,” says Rex Hurley.   “He brings unique and considerable insight on the mediation process and workers’ compensation law, which will be extremely valuable to our employer, carrier and TPA clients.”  Mark is excited to put  his considerable knowledge, experience and skill to work for our clients.  


It's extremely hard to imagine, but Paul Westcott is retiring after 26 years of practicing law to become a private mediator.  We will all miss our friend and colleague, who joined the firm back in 1997 and launched our Ft. Pierce office, the first of six firm expansions over the past 17 years. 

Paul personifies the high standards that have always driven HRMCW, and we are thankful for the significant contributions he has made to our success. Effective Feb. 1, Paul Luger will lead our Ft. Pierce office, which serves the Treasure Coast, Space Coast and Palm Beaches regions.  This is a natural and exciting progression.  A partner since 2002, Paul provides excellent counsel not only to HRMCW clients but also as a board advisor to numerous municipal organizations, including Stuart/Martin County, the Treasure Coast Regional Planning Council and the Florida League of Cities.  He was recently appointed Mayor of the Town of Sewall’s Point. Congratulations to both of our Pauls!


It’s hard to believe it’s been 20 years … but it has!  Firm Administrator Stacy Carroll is one of our longest-term employees, and we’re grateful for her highly organized, efficient and thoughtful efforts every day.  It’s Stacy’s work that enables our attorneys and professionals to focus on providing the very best defense to employers, carriers and TPAs.  Thank you Stacy, and congratulations!


Derrick Cox ceebrated a milestone birthday on January 8, 2015 ... while Greg Raub and Matt Bennett celebrated The King's 80th with a seminar at AmTrust. 


Matt Bennett, an ardent ‘Nole who manages HRMCW’s Tallahassee office, has won the trip of a lifetime to the FSU-Miami game on Saturday, Nov. 15.  Matt is FLYING TO MIAMI WITH THE TEAM ON THE TEAM PLANE, staying in their hotel, riding the team bus to the game … basically living the dream.  Even better?  He won this adventure with a coin toss.  Congrats, Matt!

Whatever Happened to MCC? Ask Scott Miller!

HRMCW’s Scott Miller will present a Florida Bar Association webinar, “Whatever Happened to Major Contributing Cause?,” on Wednesday, Nov. 12  from noon-1:30 p.m.  The audio webcast presentation provides 1.5 hours of general CLER credits, and 1 hour of credit toward WC certification. Registration is $93 for full-time law students, $125 for members of the Bar’s WC Section, and $185 for non-section members.  For more information, please see the attached flyer.


Click here for more details


Across Central Florida, more than 7,500 home owners associations (HOAs) and condo associations are responsible for protecting property values and preserving the character of their communities.  The State of Florida requires newly elected or appointed HOA board members to get educated on association operations.

HRMCW’s Scott Newsom, who specializes in representing HOAs and other common interest realty associations, will teach two HOA Board Certification courses sponsored by FirstService Residential on Wednesday, Nov. 5 at Tuscawilla Country Club and on Thursday, Nov. 6 at Heathrow Country Club.

Scott’s course covers the most critical aspects of day-to-day association operations, including Roles and Responsibilities; Running an Association;  Meeting and Quorum Requirements;  Records Maintenance; Financial Reporting, and Elections.

For more information, or to request an HOA presentation, please contact Nancy Curry at 407-571-7088 or NCurry@HRMCW.com

5-Hour Course for Adjusters in St. Petersburg, FL

HRMCW will present the 5-Hour Law & Ethics Update in St. Petersburg on Friday, November 14 from 7:30 a.m. to 12:30 p.m.  This is the last 5-hour session the firm will offer in 2014, and a limited number of seats are available.  To register for this complimentary event, contact Nancy Curry at NCurry@hrmcw.com or 407-571-7088.



On November 4th, Floridians will vote on Amendment 2, the Florida Right to Medical Marijuana Initiative. Employers across the state have many questions about the potential impact of legalized medical marijuana.  

Rogers Turner will speak at Associated Industries of Florida’s (AIF) annual conference on Thursday, September 11, as part of an expert panel on this controversial proposed amendment to the State Constitution.

Rogers, who is Board Certified as a Specialist in Workers’ Compensation and a member of the Employment  Law section of the Florida Bar, will provide insights on the potential impact and challenges legalization will create for employers.  He joins Seminole County Sheriff Don Eslinger and Loren Furman, chief lobbyist for commerce and industry in Colorado, which legalized marijuana for medical use in 2001 and for recreational use in 2012.

AIF’s 2014 conference takes place Sept. 9-11 at the JW Marriott Grande Lakes hotel in Orlando.  Keynote speakers include Florida’s Chief Financial Officer Jeff Atwater and Florida Commissioner of Agriculture Adam Putnam.  For more information, visit http://aif.com/2014conference.html.   

HRMCW has a comprehensive seminar to educate employers on the subject of Medical Marijuana.  Please contact Nancy Curry at 407-571-7088 or Ncurry@HRMCW.com for more information or scheduling.

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With approximately 60,000 active firefighters and law enforcement officers in Florida, understanding presumption claims for employees covered under FL Statute 112.18 is an important skill for the front-line nurses who treat them.  HRMCW’s Derrick Cox and Greg Raub will address the Florida State Association of Occupational Health Nurses on Friday, September 12, helping professionals to identify ill or injured employees who qualify for presumption claims and understand the evidence required to rebut claims that do not qualify.  

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Rogers Turner will present a live webcast for the Florida Bar Workers' Compensation Section on Wednesday, September 10 from noon-1:30 p.m.  His presentation, which examines statutes dealing with misrepresentation and the appellate decisions interpreting those sections of the law, is worth 1.5 hours of CLER or 1.0 hour of Certification credit.

Registration for members of the WC Section costs $125; non-section members pay $185 and college faculty/full-time law students pay $93. 

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Congratulations to HRMCW’s Bowen Robinson on being approved as an instructor of continuing education by the State of Florida’s Department of Financial Services.  Bowen, who practices in our Tallahassee office, has been with the firm since 2008.  He earned his Bachelor’s degree in finance and real estate from Florida State University, and his Juris Doctor from the Florida Coastal School of Law in Jacksonville.  Prior to joining HRMCW, Bowen served as an assistant attorney general in criminal appeals.

To schedule a seminar on any of our 30+ continuing education topics for adjusters and risk managers, please contact Nancy Curry at NCurry@hrmcw.com  or 407-571-7088.



Troy and Cooley Earn Board Certification –HRMCW now has 16 Board Certified Attorneys out of 25

Matt  Troy (Winter Park) and Jonathan Cooley (Ft.) recently became Board Certified  by the Florida Bar as Specialists in Workers’ Compensation.   Board certification requires: (1)  Practice of law for at least 5 years; substantial involvement in the specialty of workers' compensation law- 30% or more during the 3 years immediately preceding application (2)  handling of at least 25 contested workers' compensation case (3) 45 hours of approved workers' compensation law certification continuing legal education in the 3 years immediately preceding application (4) Peer review; and (5) Passage of a  written examination. Congratulations to Matt and Jonathan for their hard work and success !

Bill Rogner Named Chair of Florida Bar’s WC Section




Congratulations to  Bill Rogner, who will chair the  Workers’ Compensation section of the Florida Bar for the  2014-2015 term.  The 1,236-member WC section includes attorneys representing injured workers, employers, mediators and Judges of Compensation Claims.   You can read Bill’s initial letter to the Section’s members outlining his goals for the coming year through the link below: 

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When 100s of risk managers convene at the 39th Annual Florida RIMS Educational Conference in Naples July 29-31, Rogers Turner and Paul Westcott will brief them on the latest DCA decisions, as well as pending Supreme Court decisions.  They are proud to join clients Brigitte Becker of Frank Crum Insurance and Pattie Howell of TriNet, who will provide front-line insight on how recent decisions related to compensability, medical issues and PTD will impact employers, carriers and TPAs.   For more information about the RIMS conference, visit www.florida.rims.org.



Andy and Sara Borah welcomed Isaac Zeke (6 3/4 pounds) and Brielle Sloane (7 pounds) to the world on Thursday, May 29.   The entire HRMCW family wishes them well.  Congratulations!


HRMCW has proudly represented dozens of public entity clients in more than 1,100 Workers’ Compensation cases since 1992.   Partner Derrick Cox will share insights from that extensive experience when he speaks to the Space Coast Public Personnel/Risk Management Association about Occupational Disease and Exposure Claims in the Workplace on Thursday, June 5.  SCPP/RMA’s lunch meeting takes place at the Turtle Creek Golf Club in Rockledge at 11:30 a.m.  Please see the attached flyer for details.

Click here for more details


HRMCW’S Zal Linder will present an update on Georgia case law at 1:15 p.m. on Thursday, May 29 at the 6th annual Workers’ Compensation Law & Practice Seminar in Atlanta.    Sponsored by Sterling Education, the event is designed for risk managers, HR directors, adjusters, attorneys and other professionals involved in the workers' compensation industry.   It is approved by the Georgia Department of Insurance for eight hours of continuing education credit.   

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Hurley Rogner is proud to sponsor the Georgia Workers’ Compensation Association’s (GWCA) annual spring conference at Lake Lanier Islands Resort May 14-16, 2014.

“Navigating the Waters of Workers’ Compensation” features education and networking sessions for 200+ attendees, including a full-day recertification class for Certified Workers’ Compensation Professionals (CWCP). 

Zal Linder opened HRMCW’s Atlanta office in 2012.  An active member of both the Georgia and Florida bar associations, he provides unique insight and counsel to clients with employees in both states.

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Rogers Turner to Present at Florida Bar Forum

Rogers Turner will speak at two educational sessions designed for risk managers, attorneys and adjusters at the Florida Bar Forum April 10-11, 2014. This annual event, hosted by the Bar’s Workers’ Compensation Section and the Association of Workers’ Compensation Claims Professionals (WCCP), draws hundreds of professionals seeking advanced legal programming on the WC industry.

Rogers’ topics include “The Employment Relationship” at 10:05 a.m. Thursday, April 10 and “Attorneys’ Fees, Settlements and Costs” at 2:20 p.m. Friday, April 11. Rogers, who is Board Certified by the Florida Bar as a Specialist in Workers’ Compensation, also serves on the Bar’s Certification Committee.

HRMCW’s Westcott & Rogner Presenting at WCCP’s Annual Holiday Conference

Even as the Affordable Care Act (ACA) dominates the news media, employers, carriers and claims professionals are finding more questions than answers about how this legislation will impact the Workers’ Compensation industry.

Paul Westcott and Bill Rogner will present a one-hour seminar on the ACA at the Workers’ Compensation Claims Professionals’ (WCCP) annual holiday meeting in Tampa at 11 a.m. on Friday, Dec. 13, 2013.  Participating in the full-day WCCP program can help adjusters earn the new 5-hour Law & Ethics Update credit toward their professional licensure.

To schedule an on-site presentation of Paul and Bill’s full, two-hour ACA seminar, contact Nancy Curry at 407-571-7088 or NCurry@HRMCW.com.

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Westcott Seminar is Part of 2013/2014 WCCP Board Certification Program

HRMCW partner Paul Westcott will present a seminar on Litigation Procedure and Mediation Strategies Thursday, Nov. 14 from 8:30-11:30 a.m. in Miramar, FL.

Paul’s seminar is part of the Workers’ Compensation Claims Professionals’ (WCCP) Board Certification program, which offers an advanced level of education through a series of live presentations on insurance, law and the anatomy of occupational injury. Eligible participants include licensed claims adjusters, medical case managers, insurance, risk management, human resource, safety and vocational professionals.

Florida Bar Board-Certified as a Specialist in Workers’ Compensation since 1999, Paul manages HRMCW’s Fort Pierce office.

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Bill Rogner's analysis of the Westphal reversal is a featured column on WorkCompCentral.com, an online news source serving the national Workers' Compensation industry.

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Bill Rogner has won the first of three appellate cases he argued in September 2013 before the First District Court of Appeals. Firefighter Ray Jones had filed a claim for compensability of heart disease under the Heart-Lung bill. HRMCW’s Paul Westcott represented employer Indian River County Fire Rescue and carrier Johns Eastern Insurance Company at the original trial and established that the major contributing cause of Jones’ heart disease was smoking. Jones appealed, arguing that smoking is a “risk factor” for heart disease, but not a “cause.” To see the DCA's decision and Bill’s successful oral argument, follow the links below.

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HRMCW has launched two new seminars designed to help adjusters increase their professional development and earn State of Florida-approved credits toward maintaining their licensure.

“Depositions – An Ethics-Based Study on How to Prepare,” provides one hour of ethics credit. “Social Media” is an updated, two-hour overview of this important communication phenomenon, its explosive growth, impact on Workers’ Compensation and relation to the legal process. Both courses are fully approved by the State of Florida for continuing education credits (CEUs).

HRMCW offers more than 35 State-approved CEU seminars; to see the complete list, please visit the seminars page on our Web site. To arrange an in-house presentation, please contact Nancy Curry at ncurry@hrmcww.com or 407-571-7088.

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HRMCW’s Bill Rogner to Speak at WCI 2013

Bill Rogner will serve as a panelist for the 2013 Comp Convention’s popular annual “Hot Topics” breakout session for attorneys. Topics include attorneys’ fees, taxing costs, idiopathic injuries, statutes of limitations and the controversial Westphal decision. Look for an engaging discussion at the Strategy Session: Hot Topics breakout, Tuesday, August 20th from 9:45-11:15 a.m. in Crystal Ballroom M on the convention level of the Orlando Marriott World Center.

Greg White to Speak on PEO Panel at SAWCA Conference

When hundreds of regulators from the Southern Association of Workers’ Compensation Administrators (SAWCA) convene in St. Pete Beach July 15-19, HRMCW’s Greg White will help educate them on Professional Employer Organizations, or PEOs.

PEOs enable businesses to outsource employee management tasks such as benefits, payroll and Workers’ Compensation, allowing them to operate more efficiently.

Greg will be part of an innovative presentation that demonstrates the benefits PEOs offer to employers, the unintended consequences that can surface when injuries occur and the solutions that exist to resolve them.

Moderated by Mona Carter, senior division executive with the National Council on Compensation Insurance (NCCI), the panel also includes Bill Schilling, general counsel for the National Association of PEOs (NAPEO) and the Honorable Andrew Sabolic, assistant director for the State of Florida’s WC division.

Board certified by the Florida Bar as a WC specialist, Greg’s primary focus at our firm is serving the unique needs of PEO clients. Through his work for a number of leading organizations, HRMCW is proud to represent PEOs that serve more than 100,000 employees across the state.

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Rex Hurley Speaking at One Call Care Management Seminar July 31

Adjusters, nurses, CCM and CDMS professionals can earn five hours of continuing education credit at a free seminar on Wednesday, July 31 at One Call Care Management in Lake Mary. HRMCW’s Rex Hurley will provide a primer on Social Security Offsets, while other topics will include Medical Terminology, the Aging Workforce, Management of Home Modifications and Improving Pain Management. The complete day runs from 8 a.m. to 3:30 p.m., and includes lunch. Space is limited. To register, contact sboytsov@yourmsc.com with your contact info and license number by July 24.

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What does the Affordable Care Act mean to the Workers' Compensation industry?

Bill Rogner and Paul Westcott held a workshop on Healthcare Reform at the WCCP's annual Claims Management & Leadership Conference in Naples on June 11. Their presentation addressed a variety of projected impacts from the bill's implementation, including trends in claimant numbers, wellness programs, average weekly wage and physician choice. To schedule an in-house presentation on this topic, contact Nancy at Ncurry@hrmcw.com.

HRMCW Opens Miami Office

We are proud to announce that HRMCW is opening our seventh office – in Miami – on Monday, June 3rd, 2013.

Partner Andy Borah, who is Board Certified by the Florida Bar as a specialist in Workers’ Compensation law, will lead the new office, dividing his time between Miami and Pompano Beach.

We see a great opportunity to better serve clients in Miami-Dade, as the new location is just five minutes from the JCC’s local district offices. This continues and expands HRMCW’s commitment to serving our clients statewide.

We're in the Brickell section of Miami, at 80 SW 8th Street. The new phone number is (305) 423-7182 and the new fax is (305)908-7601.

Westphal: What Now???

Employers and insurance professionals understandably have a lot of questions about the DCA’s unprecedented Westphal decision, which expands TTD benefits from 104 weeks to 260 weeks.

HRMCW lead appellate counsel Bill Rogner, who represents a coalition of leading employers and carriers with regard to Westphal, recently gave a presentation on this decision, its immediate impact on claims handling and potential outcomes of the eventual En Banc hearing.

For a round-up of questions and answers from Bill’s presentation, please click below.

We will continue to keep you updated on this important case as it progresses.

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440 Scholarship Fund

Hurley Rogner is proud to support the Friends of 440 Scholarship Fund, LLC, which provides financial assistance to children of injured workers and those working in the workers’ compensation field who hope to continue their education by going to college.

Please join us at two events presented by the organization’s Orlando chapter:

Cards for a Cause Happy Hour Kickoff Party -- Thursday, May 9, 5:30 – 8:30 p.m.

Cards for a Cause Casino Night – Friday, June 7, 7 - 10 p.m.

Both events take place at the Embassy Suites in Downtown Orlando at 191 E. Pine Street, Orlando, Florida 32801.

For information on sponsorships, please contact Gina Jacobs at (407) 571-7400 or gjacobs@hrmcw.com.

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DCA Agrees to Rehear Westphal En Banc

On April 3, 2013, the First DCA granted the Motion for Rehearing en banc in Westphal. This means that all judges of the First District will reconsider the case.

The court granted the Motion of Amicus (Friend of the Court)to the coalition of business and industry groups seeking to file a brief with their position on the recent decision.

HRMCW, via lead appellate counsel Bill Rogner, is proud to represent this extensive group of industry leaders. The DCA accepted the brief (filed in conjunction with the motion), which opposes both the analysis and result of Westphal. We will continue to keep you informed as to the progress of this important case.

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HRMCW files Amicus Brief in Westphal

The First DCA’s unprecedented Westphal decision, handed down on February 28, 2013, expanded TTD benefits from 104 weeks to 260 weeks based on notions of Natural Law. The City of St. Petersburg and the State of Florida have each filed Motions for Rehearing.

On March 25th, Bill Rogner filed a Motion to Submit an Amicus (Friend of the Court) Brief, on behalf of a group of some of the largest and most influential employer/carrier groups in the State: Associated Industries Of Florida; Associated Builders And Contractors Of Florida; The Florida Chamber Of Commerce; The Property Casualty Insurers Association Of America; The Florida Justice Reform Institute; Publix Super Markets; United Parcel Service; The Florida Roofing, Sheet Metal And Air Conditioning Contractors Association; The Florida Retail Federation; The American Insurance Association; The National Federation Of Independent Business; The Florida United Businesses Association, Inc.; And The Florida Association Of Self Insured’s. Considering the First DCA’s vast expansion of available weeks of TTD, these E/C groups felt it was necessary to have their concerns represented at the appellate level.

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Fundamentals of Workers' Compensation

Managing partner Rex Hurley has been invited to speak about Permanent Disability as part of a day-long Fundamentals of Workers' Compensation seminar in Tallahassee on May 17. Presented by Sterling Education Services, the seminar runs from 8:30 a.m. to 4:30 p.m. at Tallahassee Community College. The seminar has been approved by the Florida and Georgia bars' CLE departments and the Florida Department of Financial Services.

For more information, please visit www.SterlingEducation.com.

HRMCW Welcomes New Attorney to Lead Liability Section

HRMCW is pleased to announce that Jeffrey D. Thompson has joined the firm’s Winter Park office as lead attorney and chair of the firm’s civil litigation section.

With more than 25 years of civil litigation and tort defense experience, Jeff joins us from the Louisville, KY and Ft. Lauderdale, FL firm of Whonsetler & Johnson, having handled tort and medical negligence defense cases in both states.

In 2012, the Kentucky Trial Court Reporter ranked Jeff the #1“Most Prolific Trial Attorney” in the state, as he tried four complex jury trials, all resulting in defense verdicts. He has represented numerous corporate clients, and has previously been recognized as the “Best Wal-Mart Lawyer” in Kentucky.

We are excited to add Jeff to our team and encourage you to contact him regarding any civil litigation matter that may arise.

Appellate Update

On February 18, 2013, the First District Court of Appeal released their opinion in Hinzman v. Winter Haven Facility Operations LLC and Gallagher Bassett interpreting the 5-day period in which to respond to a written request for a one-time change.

The 5 days to respond is now defined as 5 calendar days -- not business days. Unfortunately, the Court did not provide any guidance as to how to determine which day is the first day, what happens if the request is received after hours or whether the fifth day can end on a Sunday or holiday or is carried over to the next business day.

Since the court implicitly rejected all the long-standing rules that help define timeliness, this means we have no statutory, case law or procedural rule guidance. As a result, Hurley Rogner recommends that our clients follow the most restrictive definition of “5 days.“

For example, if you receive a written request for a one-time change on Wednesday, you must respond by midnight Sunday to be timely (since Wednesday would be day one). As a result of the court’s ruling, you will always have less than 5 full days to respond. It should be noted this opinion is not yet final but should be followed until we are able to get clarification from the court.

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HRMCW obtains appellate reversal of “automatic” $2,000 advance

ESIS/ACE American Ins. Co./Delta Airlines v. Kuhn, (Fla.1st DCA 11/13/12)

$2,000 Statutory Advances/Claimant’s Interests

W. Rogers Turner, Jr. and William H. Rogner

The First DCA has receded from prior case law that characterized $2000 advances as practically automatic, adopting the arguments advanced by HRMCW both at trial and in appellate briefs that a higher standard must apply. In a nine and a half page opinion the court analyzed the statute, noting that claimants seeking advances are not automatically entitled to them. They cited their decision several weeks ago in Worthy that the statute says the JCC “may” award an advance, and that this language gives the judge discretion to act within the statutory framework. In considering advances, JCC’s should exercise their discretion to find a legitimate interest, which must relate to medical and related financial needs arising from workplace injuries. They noted such interests under the advance statute “must at least have some plausible nexus to this purpose”. In this case, the claimant testified she wanted the advance to have a financial “cushion”. Such an award, with no relationship to the “provision of medical or related care does not have such a connection”. The court went further to question whether the JCC even has jurisdiction to award an advance if there is no PFB at issue involving medical or indemnity benefits, but left that question to be answered another day.

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Recent HRMCW Speaking Engagements

Rex Hurley recently presented Ethics and Case Law Update seminars at the Sunrise and Jacksonville Area CEU. Rogers Turner spoke on Malingering and Deception at the Lumberman’s Underwriting Alliance office in Boca Raton and Greg Raub spoke to CoAdvantage in Tampa about effective Workers’ Claim Investigations.

Our future seminars on a calendar include:

(1) 2012 Case Law Update and Malingering and Deception – Scott Miller, Andrew Borah and Gina Jacobs (11/9/2012 – Tower Group, Maitland, FL)

(2) Subrogation and Workers’ Compensation Immunity – Paul Westcott (11/16/2012 – FFVA, Maitland, FL)

HRMCW welcomes one new attorney, welcomes back another

In September attorney Kate Albin joined our Pompano office as an associate. Kate focuses her practice on Workers’ Compensation defense. She received her undergraduate degree in Economics from the University of Illinois at Urbana-Champaign. Ms. Albin earned her Juris Doctor at the University Of Florida Levin College Of Law in Gainesville. Prior to joining the firm, Kate practiced workers’ compensation defense in South Florida.

We are also pleased to announce that Julie Bixler, formerly with our Tallahassee office, returns to the firm. She will practice in the Fort Pierce office. Julie graduated with Magna Cum Laude from Brenau University. She earned her law degree from Barry University Law School.

The 67th Annual Workers' Compensation Educational Conference

On Tuesday, August 21, 2012, Bill Rogner will participate in a panel discussion entitled “Strategy session: Hot Topics” at the 67th Annual Workers’ Compensation Educational Conference in Orlando. Later that day, Bill will represent the Employer/Carrier in a live oral argument before the First District Court of Appeal in Gomez Lawn Service, Inc. and Eugenio Gomez v. The Hartford. The case contains several issues regarding an owner of a closely held corporation providing untimely notice of an injury to the carrier. This will be the second year in a row that Bill has been chosen by the court to participate their popular live oral arguments held concurrently with the Educational Conference. Last year, Bill successfully argued the case of Sentry Insurance v. Express Scripts.


In July HRMCW attorneys presented a number of continuing education seminars. Sandra Wilkerson spoke to Packard Claims Administration adjusters on HIPAA: Privacy Standards & Issues in Holiday, FL. Matthew Bennett, Greg Raub and Matthew Troy presented “Developing a Litigation Strategy” at USIS/FHM in Orlando, FL. Rogers Turner also spoke on a panel including insurance and OSHA expert at the EAF "Safety Forum Roundtable" held at Insurance Office of America in Longwood.

Our upcoming seminars in August include:

(1) “Workers Compensation for the PEO Adjuster and Risk Management” - Matthew Bennett, Rogers Turner and Bill Rogner (8/8/2012 - Broadspire Services, Tampa)

(2)”Ethics in Claims Handling” - Bill Rogner (Zenith Orlando office (8/9/2012) and Zenith Sarasota office (8/10/2012)

(3) 2012 Case Law Update - Teri Bussey (8/22/2012 - Crum & Forster, Lake Mary, FL)

(4) Paul Westcott - Subrogation Claims in Florida -(FFVA Claims Center, Maitland 8/24/2012).

HRMCW Has Five Partners Named Super Lawyers

Rex Hurley, Bill Rogner, Scott Miller, Derrick Cox and Paul Westcott were recently selected to be honored in the 2012 edition of “ Florida Super Lawyers”. The list is compiled by the national publication “Law and Politics”. The magazine mailed ballots to approximately 44,000 active Florida lawyers who have practiced at least five years. Attorneys were asked to nominate lawyers with or against whom they have personally litigated. The magazine then independently researches each candidate based on numerous standards, including representative clients, certifications, case results, and other criteria. The candidates are then divided into practice areas, and further evaluated by peers within that practice area. Hurley Rogner had the most workers' compensation attorneys (5) of any single firm in the state. In addition to the above attorneys, Andy Borah (Pompano), Matt Bennett (Tallahassee), and Greg Raub (Winter Park) were named as three of only 20 “rising stars” in the state in the field of workers’ compensation litigation. Congratulations to all.

New HRMCW Partner Named

The Shareholders of Hurley, Rogner, Miller, Cox, Waranch & Westcott, P.A. are pleased to announce that Andy Borah has been named a partner of HRMCW. Andy is a tough litigator as shown by an impressive list of recent Merit Hearing victories. Andy’s responsibilities will include management and stewardship of the South Florida office of HRMCW. Congratulations Andy!

Florida Bar News

On 5/3/12, W.Rogers Turner, Jr. spoke on Fraud, Malingering and Deception at the Employer Association of Florida Lunch and Learn Safety Forum. The Forum was attended by over 65 employer representatives and was held in conjunction with Insurance Offices of America and Risk Consultants, Inc.

On 4/25/12, Matthew Troy, Gina Jacobs and Bowen Robinson presented 2012 Case Law Update for York Risk Services Group, Inc. in Tallahassee, Florida.

New Maximum Compensation Rate

On December 16, 2011, the Department of Financial Services announced that effective January 1, 2012, the maximum compensation rate will be $802.56.

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Since 1992, Hurley Rogner has represented the interests of employers, insurance carriers and claims handling entities doing business in Florida. Over the years, the firm expanded its practice areas to serve clients with regulatory matters and civil litigation, including premises liability and subrogation. Many of our attorneys represent clients who are either based in the Atlanta area or have Georgia claims. After multiple inquiries and requests for representation in Georgia matters, the firm is proud to announce the opening of its Atlanta office. Zal Linder, an Atlanta native who has practiced for the last six years in our Pompano office, will be managing the new office, located at 5555 Glenridge Connector, Suite 200, Atlanta, GA 30342. We enthusiastically look forward to representing our clients in Georgia Workers’ Compensation matters starting February 1st, 2012.

HRMCW Firm Update

The firm will remain busy with its CEU seminar offerings throughout the holiday season and into the new year. A few of the upcoming seminars include:

(1) Rex Hurley and Tony Amelio speaking on “Malingering and Deception” at Commercial Risk Management in Tampa, Florida.

(2) “Closing Difficult Cases" to be presented by Scott Miller and Gina Jacobs at Adventist Health Systems in Orlando, Florida.

(3) “Special Compensability Rules,” which will be presented at Avizent in Longwood, Florida by Derrick Cox, Paul Westcott and Zal Linder.

In addition to the classroom seminars, the firm is in the process of obtaining approval from the State of Florida to award CEU credits to claims professionals attending a seminar from a remote location. This option will serve to make the CEU seminars more accessible and convenient for the attendees.


The firm provided a number of free CEU seminars for claims professionals in the month of September, 2011. Bill Rogner and Tony Amelio spoke on Apportioning Multiple Injuries to adjusters at Packard Claims Administration in Holiday, FL. Rex Hurley, Gina Jacobs and Andrew Borah spoke on Ethics in Claims Handling at AmTrust North America of Florida in Boca Raton, FL.

There are also several CEU seminars planned for the month of October. Among them, Rogers Turner and Zal Linder are scheduled to present on Case Law Update at ESIS/ACE American Insurance Company in Roswell, GA. Greg White will speak on both Ethics in Claims Handling and Special Compensability Rules to adjusters at Worklife/Thrive-HR in Tampa, FL.

Florida Statute 440 has a new section, § 440.094, Extraterritorial Reciprocity

Effective July 1, 2011, Florida Statute 440 has a new section, § 440.094, Extraterritorial Reciprocity. This new section provides that if an employee temporarily leaves the state and is injured, they are limited to workers’ compensation benefits as if they had been injured in the State of Florida. This section will apply to any claim made on or after 7/1/11, regardless of the date of accident. The purpose of this new section is to prevent injured workers who are injured while temporarily working in other states from pursuing workers’ compensation claims in those states. “Temporarily” working is defined in this new section as work in duration that does not exceed ten (10) consecutive days or twenty-five (25) days during one calendar year. Further, this section will only apply if the other state involved has similar laws. This section also provides a way for out of state employers to exempt themselves from Florida law. A full reading of 440.094 can be found below. We are available to discuss the impact of this law or the editing of employment documents should you have any questions regarding the foregoing.

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The firm is now accepting referrals regarding Federal Worker's Compensation claims. We offer maritime employers, carriers and third party claims administrators, aggressive, cost effective representation of their interests throughout the state of Florida.

Geoffrey C. Curreri manages the practice group from the Pompano/Ft. Lauderdale office, with the assistance of experienced paralegals and staff who are skilled in practice and procedure before the Department of Labor (O.W.C.P.) Office of Administrative Law Judges (O.A.L.J.), Benefit Review Board, (BRB) and Appellate Courts. Please contact Geoff or Rogers Turner with any potential referrals in this area.

House Bill 7095 Prohibits Physicians from Dispensing Controlled Substances

On June 3, 2011, the Governor signed into law House Bill (HB) 7095. Effective July 1, 2011, the bill will ban physicians from dispensing Schedule II and Schedule III medications, with limited exceptions. Doctors will have to return any of these drugs on hand, effective immediately. The purpose of the bill is to address the epidemic of prescription drug abuse and deaths associated with prescription drug abuse in the State of Florida. Physicians prescribing these controlled substances will be required to use specified counterfeit-proof prescription pads. There will be tougher requirements for physicians prescribing controlled substances for treatment of chronic nonmalignant pain. There will also be new tougher requirements for pain management clinics. Unlawful dispensing of these controlled substances by a physician will be a third degree felony and also grounds for licensure discipline.

The bill should have a significant impact on the cost of prescription medications in Florida workers’ compensation claims. Physicians will no longer be able to dispense these controlled substances. It has been reported that some physicians dispensing these medications had been charging prices as much as two and three times higher than pharmacies dispensing the same medications. Not only should the cost of the medications, now dispensed through pharmacies go down, but we may also see these medications being prescribed less frequently as a result of the tougher requirements for their prescription.

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Recently filed SMART Act seeks to amend Medicare Secondary Payer Statute

Congress passed The Medicare Secondary Payer Act to address situations where Medicare ended up providing medical care otherwise intended to be paid by Workers' Compensation and personal injury settlements. As claims professionals know, the noble intentions of the Act have produced substantial expense, delay and confusion in settling large claims or claims where the claimant is a Medicare recipient. In response, the bi-partisan Strengthening Medicare and Repaying Taxpayers Act of 2011 (SMART Act) (H.R.1063) was recently introduced in the U.S. House of Representatives. The bill seeks to change some of the more onerous provisions of the Medicare Secondary Payer (MSP) Statute. The main provisions would allow for determination of conditional payment amounts prior to settlement, provide for a right of appeal for MSP Claims, modify penalties for Section 111 reporting, and provide minimum exemptions and safe harbors for those who make a good faith effort to comply with the MSP Statute. The bill seeks to make MSP compliance more reasonable, equitable and practical while maintaining the objective of limiting US Taxpayer liability for medical care that was supposed to be accounted for in settlements. This bill has not been passed into law and is subject to substantial change during the legislative process. As the legislative session continues we will provide further updates.

The Division of Insurance Fraud and the Division of Workers Compensation Joint Report on Fraud

The Division of Insurance Fraud and the Division of Workers Compensation issued a joint report on the investigation and prosecution of workers' compensation fraud. Overall, investigation and prosecution is up significantly. Last year 1,234 cases were presented for prosecution resulting in 706 convictions out of 12,820 referrals received. $63,061,289.39 in restitution was ordered by courts last year alone.

The Division is responsible for investigating not only fraud by claimants, but by all members of the workers compensation community. Overall, employee/claimant fraud was slightly lower than last year, down to 39% from 55%. The second most referrals were for fraudulent use of a SSN, which remained at approximately 30%. Working without coverage and violation of a stop work order were other significant areas of referrals.

The Division noted that one of the prevailing trends in WC fraud is the 'renting' of insurance certificates by check cashing stores (Money Service Businesses or MSBs). The Bureau of Workers Compensation fraud is focusing on this area and is working with local agencies in joint task forces to combat this trend.

Also of note is that the Division also refers cases for prosecutions to other agencies, including DBPR and the Department of Homeland Security. Last year nine employers were referred to DHS for hiring undocumented workers.

Finally, the Division is making numerous upgrades to their databases. In the near future, the Construction Policy Tracking Database will allow contractors to be updated when any sub-contractor or exempt employee changes their coverage status. The goal is to keep legitimate contractors informed of their sub-contractors compliance with coverage requirements. To access the Report, click on the following link:

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New Maximum Compensation Rate

On December 17, 2010, the Department of Financial Services announced that effective January 1, 2011, the maximum compensation rate will be $782.00.

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HRMCW attorneys contribute to Fla. Bar. WC Section’s latest “News and 440 Report”

In keeping with the firm’s tradition of contributing to educational and scholarly journals, several of our attorneys contributed content in the most recent “News and 440 Report”. Matt Troy and Andrew Borah co-authored an article on the recent First DCA decision in Staffmark vs. Merrrell and its impact on the concept of apportionment. This article updates Borah’s apportionment article in the Fall 2009 440 Report. W. Rogers Turner, Jr. also continues to serve as case notes editor, providing summaries of all relevant appellate decisions.

Click here to read the latest edition of the News and 440 Report

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HRMCW Has Five Partners Named Super Lawyers

Rex Hurley, Bill Rogner, Scott Miller, Derrick Cox and Paul Westcott were recently honored in the 2010 edition of “ Florida Super Lawyers”. The list is compiled by the national publication “Law and Politics”. The magazine mailed ballots to approximately 44,000 active Florida lawyers who have practiced at least five years. Attorneys were asked to nominate lawyers with or against whom they have personally litigated. The magazine then independently researches each candidate based on numerous standards, including representative clients, certifications, case results, and other criteria. The candidates are then divided into practice areas, and further evaluated by peers within that practice area. Hurley Rogner had the most workers' compensation attorneys (5) of any single firm in in the state. In addition to the above attorneys, associates Zal Linder (Pompano) and Jonathan Cooley (Ft. Myers) were named as two of only 13 “rising stars” in the state in the field of workers’ compensation litigation. Congratulations to all.

HRMCW Attorney Receives Legal Aid Pro Bono Award

The firm is proud to announce that Derrick E. Cox was recently awarded the 2010 Pro Bono Champion Award of Excellence by the Legal Aid Society of the Orange County Bar Association.” HRMCW is dedicated to serving the community in a number of different ways, including donating their time and legal skills to assist needy Central Florida residents with legal matters.

Borah speaks at Florida RIMS conference

On July 29, 2010 Attorney Andrew Borah of our Pompano Office participated in a panel discussion titled “Workers’ Compensation – Best Practices at the the 2010 RIMS (Risk and Insurance Management Society) Joint Educational Conference in Naples, Florida. The conference was attended by over 600 Risk and Insurance professionals.

Governor Crist vetoed HB 5603

Governor Crist vetoed HB 5603 (see story below) on May 28, 2010. The bill was aimed at lowering Worker’s Compensation prescription drug costs, by regulating the practice of “repackaging and repricing” those drugs. Business groups had estimated the bill would save employers approximately $35 million dollars per year.

2010 Legislative Review

The Florida Legislature recently wrapped up the 2010 session, with no significant changes to the statute. They passed only two new bills affecting Workers’ Compensation. Both have an effective date of July 1, 2010. Both have an effective date of July 1, 2010. They will become law 60 days after adjournment sine die, unless vetoed by Governor Crist.

Senate Bill 212 provides an exception to the heart/lung bill for Corrections Officers, Correctional Probation Officers and Law Enforcement Officers who fail to follow a prescribed course of treatment pre-accident.

Essentially, the claimant does not enjoy the heart/lung/heart disease presumption if the officer has not followed the appropriate medical care pre-accident, and has not filed a claim before leaving employment. The law removes the presumption if “the officer materially departed from the prescribed course of treatment resulting in a significant aggravation of the condition”. “[T]he prescribed course of treatment”, is defined “prescribed medical courses of action and prescribed medicines for the specific disease or diseases claimed and as documented in the prescribing physician’s medical records”. This definition is arguably vague, and the statute does not really describe the type of health care provider or which treatment qualifies. The Bill indicates that an officer is entitled to an IME under 440.13 in the event of a dispute.

House Bill 5603 closes a loophole allowing the repackaging and increase in drug prices. This law effectively lowers the cost of medicines dispensed at physicians’ offices.

This appears to eliminate a loophole created by enterprising prescription drug re-sellers who repackage drugs and create a higher (often significantly higher) average wholesale price on the repackaged drug. It is believed this statute is in response to a prior DFS memo concerning physicians’ offices using repackaged prescriptions to dispense drugs in their own offices at higher rates.

We recommend that our clients immediately consult their fee schedules to take advantage of the reduction in prescription prices.

HRMCW Welcomes Associate to Pompano Beach Office

The firm is proud to announce that Gina Jacobs is the newest attorney in our Pompano Beach office. Gina previously clerked for HRMCW. Prior to entering law school, Gina worked for eleven years as a claims professional for Crawford and Company, Zenith Insurance and Gallagher Bassett Services. She attended Florida Atlantic University, graduating cum laude in 1996. She is a 2009 graduate of Nova Southeastern University, Shepard Broad Law Center. We are proud to have Gina as our 31st attorney.


On February 17, 2010, CMS posted updated information regarding its Mandatory Insurer Reporting (MIR) directives implementing the “notice and reporting” requirements of Section 111 (see below) of the Medicare, Medicaid, and SCHIP Extension Act. This information applies to NGHP RRE’s (Non Group Health Plan Responsible Reporting Entities), which includes Workers’ Compensation Carriers and Claims Handlers. After a series of National Conference calls, CMS has pushed back the date for initial reporting, as it appeared the system still had many kinks to work out.

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IRS Announces 2010 Standard Mileage Rates

On December 3, 2009, the IRS indicated the 2010 mileage rate would be 50 cents per mile, a reduction of five cents a mile from the current rate. The new rate becomes effective 1/1/2010, and according the memo, reflects generally lower transportation costs. Many carriers reimburse medical mileage at the current IRS rate. Click below to read the entire memo.

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HRMCW Published in Florida Bar News & 440 Report

The lawyers of Hurley Rogner contributed significantly to the Fall ’09 Edition of the Florida Bar’s News and 440 Report. Bill Rogner served as the guest editor, while separate articles were contributed by Jonathan Cooley (Admissibility of Unauthorized Medical Opinions), Dominic Locigno (Lawyer Professionalism in the 21st Century) and Andrew Borah (Apportionment: Pointing Fingers). W. Rogers Turner, Jr. authored Caselaw Update. HRMCW is committed to contributing information and discussion of the trends and issues in Workers’ Compensation Law, and is honored to have these articles included for publication. Click the link to read the Fall 440 Report.

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HRMCW Has Four Partners Named “Super Lawyers”

Rex Hurley, Bill Rogner, Scott Miller, and Derrick Cox were honored for the fourth year in a row in the 2009 version of Florida Super Lawyers. The list is compiled by the national publication “Law and Politics”. The magazine mailed ballots to approximately 44,000 active Florida lawyers who have practiced at least five years. Attorneys were asked to nominate lawyers with or against whom they have personally litigated. The magazine then independently researches each candidate based on numerous standards, including representative clients, certifications, case results, and other criteria. The candidates are then divided into practice areas, and further evaluated by peers within that practice area. Hurley Rogner had more workers' compensation attorneys (4) on the list from a single law firm than any other firm in the state.

HRMCW Recognized at 64th Annual Workers’ Compensation Educational Conference

Hurley Rogner was recognized during the 64th Annual Workers’ Compensation Educational Conference for achieving the highest e-filing volume for a law firm for the past year. The award was given by the Chief Judge acknowledging Hurley Rogner as the largest workers’ compensation firm in the state by objective criteria. We now have 14 of our 30 attorneys board certified in workers’ compensation, including the only defense attorney who is board certified in both workers’ compensation and appellate law.

Congratulations to Andy Borah, our 14tH Board Certified Attorney!

HRMCW is proud to announce that Andy Borah, an associate in the Winter Park office, recently became Board Certified by the Florida Bar as a specialist in Workers’ Compensation law. Andy becomes the 14th HRMCW attorney to achieve this unique distinction, further confirming the firm’s status as THE Florida specialists for defending the interests of Employers, Carriers and Servicing Agents.

Andy was one of five candidates who took the most recent exam. Prior to the exam, there were only 210 Attorneys statewide who carried this certification. Every lawyer certified in workers' compensation law has practiced law on a full-time basis for at least five years. Each certified lawyer has had substantial involvement -- 30 percent or more -- in the practice of workers' compensation law during the three years immediately preceding application. To be certified, the lawyer is required to have substantial involvement in the trial of a minimum of 25 contested workers' compensation cases. All such cases must involve substantial legal or factual issues. In each of the 25 cases the applicant must be responsible for all or a majority of the presentation of evidence and representation of the client. Involvement includes investigation, evaluation, pleadings, discovery, taking of testimony, presentation of evidence and argument, and trial of workers' compensation cases.

Each certified lawyer has passed peer review, completed 45 hours of continuing legal education within three years immediately preceding application, and has passed a written examination demonstrating knowledge, skills and proficiency in the field of workers' compensation to justify the representation of special competence.

Workers' Compensation Certification was approved by the Supreme Court of Florida in 1987.

Congratulations Andy!

Winter Park Office Welcomes Summer Clerk

The Firm is proud to introduce Tami Trimming as our summer law clerk. Tami is a native of Toronto Canada, and a former 2005 graduate of Rider University in Lawrenceville NJ, where she majored in Political Science and played 4 years of NCAA Division I basketball. She has currently finished her 2nd year at the University of Florida’s Levin College of Law. Tami will be involved in numerous assignments and projects during the summer.

Legislature Passes WC Attorney Fee Legislation reversing impact of S.Ct. Murray Decision

In the waning hours of the last day of the 2009 Legislative session, the Legislature passed HB 903, which effectively eliminates the impact of the Supreme Court’s October 2008 Murray decision. In the next 15 days, Governor Crist is permitted to veto the bill (an unlikely scenario), otherwise the law goes into effect and will apply to all dates of accident after 7/1/09. The law will reinstate the 2003 attorney fee statute, which provides for guideline fees only of 20/15/10/5% of benefits secured. The law appears to prohibit hourly attorney fees, with the exception of a one time, medical only fee capped at $1500. HB 903 removes the word “reasonable” from F.S. 440.34. It is unknown at this time whether the law will ultimately pass constitutional muster.

For employers, NCCI will file to roll back the first year rate impact from the Murray decision, which had been approved by the Office of Insurance Regulation. This increase would have raised rates 6.4% effective 4/1/09. The proposed roll back will be the 7/1/09 effective date of the new law.

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HRMCW has recently added two new courses to our seminar offerings in an effort to expand the variety of topics available for continuing education needs of adjusters statewide. These courses are titled Effective Settlement Strategies and Apportionment, Contribution Between Carriers, & Carrier Responsibility for Injuries not Sustained in Industrial Accidents. For more information regarding the firm’s seminar offerings please click on the seminars tab or contact Stacy Carroll at scarroll@hrmcw.com.

HRMCW hires 30th Attorney

The firm is very pleased to welcome their newest attorney to the Winter Park office, Michelle Bayhi. Originally from Miami, Michelle was raised in Central Florida. She is a graduate of the University of Florida, and graduated from the Levin School of Law at the University of Florida in 2002. She brings over five years of experience in general civil litigation and workers’ compensation litigation with her, having practiced previously with two prominent Orlando firms. We are proud to have Michelle as the latest addition to our expanding statewide practice.


HRMCW is continuing to present educational seminars to benefit clients and their continuing education needs around the state. The firm has prepared a seminar entitled Employer/Carrier Paid Attorney’s Fees outlining the recent Emma Murray decision which was recently presented to Americhase Services, Cracker Barrel, Adventist Health Systems, and Amerisure in January. Recent CEU courses also include presentations to clients such as Broadspire/Plantation (Relevant Time Limits and Deadlines), Zenith (Employer/Carrier Paid Attorney’s Fees), Alternative Service Concepts/Sarasota (Presumption Claims) , O2HR (2003 PTD standard), Crum & Forster (2003 PTD standard) and Packard Claims (Giving and Taking Depositions). For more information regarding HRMCW seminars please click on the seminars tab on the left or contact Stacy Carroll at scarroll@hrmcw.com.


HRMCW was recently featured in the Florida Fresh Fruit and Vegetable Association (FFVA) Member Newsletter. In the article, partner Paul Westcott discusses the workers' compensation system, and offers tips for employers to reduce their exposure when claims arise.

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As the firm continues to grow and expand, we are proud to announce the hiring of a third attorney in the Tallahassee office. The firm welcomes C. Bowen Robinson as our newest associate. A native of Tallahassee, Bowen is a graduate of Florida State University, and a 2006 graduate of the Florida Coastal School of Law. Bowen’s prior legal experience includes work with the Florida Department of Financial Services, Office of Legal Services, and the Florida Attorney General’s office of Criminal Appeals. He will concentrate his practice on insurance defense, workers’ compensation and administrative law.


Robert Gluckman recently presented the seminar “Employer/Carrier Paid Attorney’s Fees” to the Insurance Professionals of Southeast Florida. The primary focus of this seminar deals with the recent Supreme Court (Murray v. Mariner Health) attorney fee decision. HRMCW has developed this one-hour seminar to address the ruling, the various statutory sections impacting hourly attorney fees, and strategies employers and carriers can use to minimize hourly fee exposure. The seminar also provides attendees one hour of continuing education credits in the law and policy category. Please contact Stacy Carroll at scarroll@hrmcw.com for scheduling.


The firm is proud to announce the addition of Geoffrey C. Curreri as the newest attorney in our Pompano Beach office. Mr. Curreri earned a Bachelor of Arts in Business and Finance from Florida Atlantic University in 1992 and a Juris Doctor degree from St.Thomas University School of Law in 1995. He has over 12 years of experience representing clients in labor and employment and workers’ compensation matters. To read Geoff’s detailed bio, please click on the link below.

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The firm is proud to announce the addition of Matthew J. Troy as the newest attorney in our Fort Pierce Office. A native of Palm Harbor, Matt graduated with Honors from the University of Florida and is a 2008 Honors Graduate from the Florida State University College of Law. He will concentrate in the area of insurance litigation.

Firm logs three presumption victories in one week.

Recently, in one week, partners Rex Hurley, Matthew Bennett and Derrick Cox each won very difficult presumption cases, in front of three separate judges (Lazarra/Tallahassee, Terlizesse/Melbourne and Lorenzen/Tampa). Presumption claims are brought under F.S. s.112, and apply to firefighters, law enforcement officers and correctional officers. If claimants can show evidence of a pre-employment physical free of listed conditions (heart disease, hypertension and tuberculosis) and post employment they contract a listed condition and incur disability, the statutes grants the presumption that the condition is work –related. The threshold for evidence required to rebut this presumption is extremely high. Defense of presumption claims requires knowledge of complex medical terminology and a clear understanding of the pulmonary and cardiological systems. The ability to question cardiologists in deposition on both direct and cross examination is key to prevailing in these claims. Congratulations to Rex, Matt and Derrick for their efforts on behalf of their clients.

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Recent Publications

The current issue of the FL Bar Workers’ Compensation Section’s News and 440 Report contains an article on recent trial level and appellate permanent total disability decisions under the 2003 amendments, written by W. Rogers Turner, Jr. This timely article discusses several recent 1st DCA opinions which approve the use of “medical/vocational” factors in assessing PTD. The most recent of these opinions notes the similarity of the current version of the statute to that employed prior to the 1994 amendments. Turner’s article also reviews case law interpreting this “pre “94” standard, and discusses the analysis employed in approximately 60 lower court rulings both before and after the clarifying appellate decisions were issued.

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HRMCW Provides Atlanta Area Employers and Carriers with Florida CEUs

William Rogner and Scott Miller recently presented a Florida Workers’ Compensation Educational Seminar in Atlanta Georgia for employers, carriers and servicing agents. The agenda included Florida Subrogation Claims, Workers’ Compensation Fraud, Ethics in Claims Handling and Case Law update. Attendees were able to receive a total of seven continuing education credits. If you are interested in scheduling a seminar or learning more about the courses HRMCW offers, please click on the “seminars” tab on the left.

Waranch Receives Award of Excellence

Michael Waranch is one of 15 attorneys who was recently presented with an Award of Excellence by the Legal Aid Society of Orange County for providing pro bono legal services.

Recent Speaking Engagements

HRMCW attorneys continue to lead educational seminars around the state. Rex Hurley recently presented the firm’s Case Law Update at the Tampa CEU forum sponsored by HRMCW along with BlackDiamond, Total Medical Solutions and Cora Rehab. Stephen Conlin led a seminar for Direct General/Tampa liability adjusters on Ethics and the firm’s Liability Case Law Update. Firm attorneys have also given presentations to Broadspire/Tampa (Relevant Time Limits and Deadlines), Florida Fresh Fruit and Vegetable Association Insurance (Compensability and the 120-day Rule) and Packard Claims (Non Managed Care Medical Benefits). If you would like to schedule a seminar, please click on the "seminars" tab at left for course descriptions and information.

HRMCW Has Four Partners Again Named “Super Lawyers”

Rex Hurley, Bill Rogner, Scott Miller, and Derrick Cox were honored for the third year in a row, being named in the 2008 version of Florida Super Lawyers. The list is compiled by the national publication “Law and Politics”. The magazine mailed ballots to approximately 44,000 active Florida lawyers who have practiced at least five years. Attorneys were asked to nominate lawyers with or against whom they have personally litigated. The magazine then independently researches each candidate based on numerous standards, including representative clients, certifications, case results, and other criteria. The candidates are then divided into practice areas, and further evaluated by peers within that practice area.

Congratulations to Rex, Bill, Derrick, and Scott for this recognition of their outstanding achievements and reputations.

Bennett and Gluckman named as shareholders

HRMCW is pleased to announce that Matthew W. Bennett and Robert S. Gluckman have recently been named as shareholders in the firm. Bennett recently relocated from Winter Park to Tallahassee to open the firm's North Florida office, which quickly added a second attorney. Gluckman heads up the Pompano Beach office, which currently has three attorneys. Congratulations to Matt and Rob for their hard work and commitment.

HRMCW announces opening of Fort Myers office

We are proud to announce the opening of our fifth office. As of May 19, 2008 Jonathan Cooley will manage the firm’s Southwest Florida caseload. The office is located at 1342 Colonial Boulevard, Suite K-234, Fort Myers, Florida 33907. This opening follows successful openings last year of new offices in both Pompano Beach and Tallahassee. Although the firm has always enjoyed a statewide presence, these offices solidify the firm’s status as one of Florida’s premier employer defense firms. Jonathan’s direct contact information at the Fort Myers office is (239) 939-2002, or he can be reached via email at Jcooley@ hrmcwlee.com.

Recent Speaking Engagements

In the past month, HRMCW attorneys have been busy leading educational seminars around the state. William Rogner spoke on Appellate Practice (including his personal observations of the recent Florida Supreme Court oral arguments on the challenge to the 2003 Attorney Fee caps) at the Florida Bar Workers' Compensation Forum on April 25 in Orlando. Firm attorneys also presented seminars for Unisource/Orlando (Third Party Liens and Subrogation), Broadspire Orlando (Relevant Time Limits and Deadlines), and Zenith/Orlando (Adjuster Ethics). If you would like to schedule a seminar, please click on the "seminars" tab at left for course descriptions and information.

HRMCW adds Linder to Broward office

The firm is proud to announce the addition of Zal F. Linder as the newest attorney in our Broward/Pompano Beach office. Zal is a graduate of Emory University in Atlanta and the University of Miami School of Law. His past experience has included workers' compensation defense and appellate work.

Rogner and Miller author amicus briefs in Supreme Court Attorney Fees Case

Partners William Rogner and Scott Miller each submitted Amicus Curae (Friend of the Court) Briefs in the Emma Murray v. Mariner Health case currently pending before the Florida Supreme Court. The Supreme Court accepted discretionary jurisdiction to rule on the claimant's numerous challenges to the 2003 amendments to the attorney fee section of Chapter 440. These amendments lowered the fees claimant attorneys receive in cases with dates of accident after October 1, 2003. Rogner was retained by Zenith Insurance to submit their Brief. Miller was retained by the Florida Association of Self Insureds. To read copies of each Brief, please click on the links below.

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HRMCW Adds New Attorneys

The firm is pleased to announce the addition of several new attorneys. Tim Stanton and Kim De Arcangelis have joined the Winter Park office as associates. Tim is board certified by the Florida Bar in Workers'Compensation, and earned his J.D. from Florida State University. Kim earned her law degree at Nova Southeastern's Shepard Broad Law Center. Julie Bixler, a recent graduate of Barry University Law School, will practice in the Tallahassee office. She graduated Magna Cum Laude from Brenau University.

HRMCW expands liability/civil litigation department

The firm is proud to announce the addition of Stephen G. Conlin to our growing Liability/Civil Litigation section. For the last ten years, Mr. Conlin has practiced in the area of civil litigation, specializing in cases involving insurance coverage and liability issues. Mr. Conlin is located in our Winter Park office, and is available for consultation and representation in all civil disputes.

Bussey Board Certified

The firm is proud to announce that Teri Bussey of our Winter Park office has become the 13th HRMCW attorney to attain Certification as a Specialist in Workers' Compensation by the Florida Bar. To be eligible to sit for the extensive Board Certification Examination, attorneys must have been practicing at least five years and have taken at least 25 cases to trial. There are only 223 Florida attorneys who are board certified in Workers' Compensation. Congratulations Teri!

HRMCW Leads State with Five Partners Again Named “Super Lawyers”

Rex Hurley, Bill Rogner, Scott Miller, Derrick Cox and Paul Westcott were honored for the second year in a row, again being named in the 2007 version of Florida Super Lawyers. The list is compiled by the national publication “Law and Politics”. The magazine mailed ballots to approximately 44,000 active Florida lawyers who have practiced at least five years. Attorneys were asked to nominate lawyers with or against whom they have personally litigated. The magazine then independently researches each candidate based on numerous standards, including representative clients, certifications, case results, and other criteria. The candidates are then divided into practice areas, and further evaluated by peers within that practice area.

Only 69 attorneys state-wide (Claimant and Defense) were chosen in the area of Workers’ Compensation. Hurley Rogner had more lawyers chosen than any other firm in the state.

Congratulations to Rex, Bill, Derrick, Scott and Paul for this recognition of their outstanding achievements and reputations.

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Attorney News

The firm is proud to announce that Gregory S. Raub of the Winter Park office and Anthony M. Amelio of the Ft. Pierce office have both recently been named as shareholders of the firm. Both attorneys also recently became Board Certified as Specialists in Workers’ Compensation Law by the Florida Bar. Over half of the firm’s attorneys have now attained Board Certification in this specialty.

The firm would like to congratulate Alison Twombly, our newest associate. Ms. Twombly was sworn in on September 27, 2005 by Judge O’Kane.

The April/May 2005 issue of the “News and 440 Report”, published by the Workers’ Compensation of the Florida Bar contains an article written by William H. Rogner titled “Constitutional Challenges to the 2003 Workers Compensation Law”. Attorneys and others involved in the Workers Compensation System will find the discussion of the “new law” and constitutional arguments against certain provisions enlightening. The entire text of the article can be accessed by clicking the link below.

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Hurley Recognized for Pro Bono Efforts

Rex Hurley, managing partner in the firm’s Winter Park office, has recently been recognized for his outstanding pro bono service by the Legal Aid Society of the Orange County Bar. The Legal Aid Society refers needy clients to participating attorneys who provide them with free legal services. Rex received a Certificate of Appreciation for his extensive efforts in helping three orphaned children with their estate and guardianship needs.

HRMCW is committed to public service, and the attorneys donate many hours towards free legal services and/or community service to the underprivileged.

Turner named to “Best of the Bar” survey

W. Rogers Turner, Jr., a partner in the Winter Park office, was recently named to the Orlando Business Journal’s 2004 “Best of the Bar” survey. The list was compiled by the OBJ from a survey, in which Central Florida attorneys nominated their peers. Nominations were solicited via ads in the OBJ, ballots provided at Orange County Bar Association meetings and in their publications, as well as on-line voting. The Journal received over 600 nominations. Attorneys receiving the top five per cent of votes were listed in the Best of the Bar list.

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