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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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HRMCWW ADDS TWO NEW COURSES TO SEMINAR OFFERINGS HRMCWW 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.
HRMCWW 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.
HRMCWW PROVIDING CONTINUING EDUCATION CREDITS STATEWIDE HRMCWW 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 HRMCWW seminars please click on the seminars tab on the left or contact Stacy Carroll at scarroll@hrmcw.com.
HRMCWW FEATURED IN FFVA NEWSLETTER HRMCWW 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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HRMCWW CONTINUING TO EXPAND 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.
SEMINARS BEING SCHEDULED DISCUSSING THE RECENT MURRAY ATTORNEY FEE DECISION 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. HRMCWW 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.
HRMCWW WELCOMES NEW ASSOCIATE TO POMPANO BEACH LOCATION 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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HRMCWW WELCOMES NEW ASSOCIATE TO FORT PIERCE LOCATION 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. Click here for more details
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. Click here for more details
HRMCWW 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 HRMCWW 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 HRMCWW 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 HRMCWW 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.
HRMCWW 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 HRMCWW 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.
HRMCWW 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, HRMCWW 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.
HRMCWW 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. Click here for more details Click here for more info
HRMCWW 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.
HRMCWW 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 HRMCWW 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!
HRMCWW 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. Click here for more info
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. Click here for more details
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.
HRMCWW 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. Click here for more info
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