Jones Hurley & Hand fighting for the Employer/Carrier on a misrepresentation issue

Jones, Hurley & Hand recently had the honor of presenting live oral arguments before the First DCA, and this was done at the recent Florida Worker’s Compensation Forum in Orlando no less. The matter was very handled by Partner Humberto Valdes in the firm’s Orlando office, and was quite detailed, dating back a number of years, and relating to a Claimant who the JCC found misrepresented various aspects of his claim, barring further benefits entirely as a result of 440.09(4)(a) and 440.09(4)(a) and 440.105,

Florida Statutes. Section 440.09(4) provides that an employee will be disqualified from all benefits if a judge of compensation claims “determines that the employee has knowingly or intentionally engaged in any of the acts described in s. 440.105… for the purpose of securing workers’ compensation benefits.” Section 440.105(4)(b) provides in relevant part: It shall be unlawful for any person: 1. To knowingly make or cause to be made, any false, fraudulent or misleading oral or written statement for the purpose of obtaining or denying any benefit or payment under this chapter. 2. To present or cause to be presented any written or oral statement as part of, or in support of, a claim for payment or other benefits pursuant to any provision of this chapter, knowing that such statement contains any false, incomplete, or misleading information concerning any fact or thing material to such claim. 3. To prepare or cause to be prepared any written or oral statement that is intended to be presented to any employer, insurance company, or self-insured program in connection with, or in support of, any claim for the payment or other benefit pursuant to any provision of this chapter, knowing that such statement contains any false, incomplete, or misleading information concerning any fact or thing material to the such claim. 4. To knowingly assist, conspire with, or urge any person to engage in activity prohibited by this section.

Within that framework, after a thorough analysis of the facts and law, the JCC found that the Claimant in fact did commit misrepresentations regarding his claim, and thereby all benefits were barred moving forward. Claimant has appealed, and the oral arguments dealt with Claimant’s attempts to overrule the JCC’s Order. Associate Kristin Longberry handled the oral arguments before the First DCA, and it will indeed be interesting to see what the First DCA has to say about the matter, perhaps subtly shaping the contours of the never ending E/C battle to combat worker’s compensation fraud.

We have enclosed a link to the oral arguments for ready viewership of this critically important oral argument. https://www.youtube.com/watch?v=NOzVKxd72_8&t=918s

Navigating COVID-19

This is undoubtedly and quickly becoming one of the most uncertain periods faced by society at large as we all work to contain and deal with the COVID-19 virus. As we all work to try and get back normal as a society, we need to remain mindful of our employees and their safety. While there is of course, no litigation to date addressing the Coronavirus in the context of worker’s compensation litigation, it will be critical to ensure any such claims that do inevitably come about are addressed early on, to deal with what can be a highly fact sensitive scenario. In particular, with the emphasis on “social distancing” the differentiation between essential and non-essential employees, and other seldom, if ever before seen scenarios like these, the need to thoroughly realize the shifting risk and handling of such claims is of premier importance.

Our firm remains committed to protecting the rights of our clients more than ever in these challenging times.

Former JCC Condry Joins the Firm!

At JHH, our commitment to excellence encompasses all aspects of what we do, from the manner in which we represent our clients, to the attorneys selected to assist with this valuable work. In that regard, the Firm is excited to announce Former JCC Will Condry has officially joined JHH. Mr. Condry brings a wealth of experience on the bench, having been a JCC for over 16 years and handling hundreds of cases in a judicial capacity. His unique perspective and insight as a former JCC will undoubtedly be of tremendous value to the firm and to our clients as we continually work to cultivate and refine our approach to achieve optimal results.

Another great client event!

JHH recently had the pleasure of hosting an event which has become an annual tradition, where we all get together for a Spring Training baseball game at the Walt Disney World ESPN Wide World of Sports venue.  This fun annual event allows us to spend some fun time with some of our valued clients to thank them for their lasting support of our firm.  

As a firm, we value our relationships with our clients to the utmost, and that reflects in the years, and decades long relationships we have established with some of the largest Employers, Insurance Carriers and Third Party Administrators in the State of Florida.  

We look forward to continuing to enjoy time with our respected clients for many years to come!

The Firm Thanks Founding Partner Mike Jones for his Leadership and Decades of Guidance of the Firm

The firm salutes Founding Partner Mike Jones for his decades of leadership and guidance of the Firm.  As one of the founding partners of the firm, Mr. Jones has, from the inception of this firm led the culture as one of honesty, integrity, compassion and hard work for our clients.  Moreover, Mr. Jones helped to create a rare business where all the employees truly feel valued, and part of a family. This level of trust and dignity has allowed the firm to prosper and grow while at all times maintaining an eye toward what is best for our clients.  

Mr. Jones has announced his retirement from the firm, and with his retirement comes an opportunity for introspection into where the firm came from, where it is, and where it is headed in the future. When a solid foundation is laid, these philosophical questions about what the future holds can be answered with much greater confidence and clarity, and for that, the firm owes its greatest thanks to Mr. Jones, a true gentleman, a scholar, a heckuva football coach, and someone we are all proud to call our friend.  

Mr. Jones will remain in an Of Counsel relationship with the firm, as his wisdom and expertise will surely be called upon by the firm and its members even in retirement.  

Partner Peggy Hewitt co-authors interesting article on the effect of the Trump Presidency on the American Labor & Employment arena

Margaret “Peggy” Hewitt, a partner in the Firm's Orlando office, recently co-authored an intriguing article delving into some of the effects of the current administration on the labor and employment arena.  The article offers detailed insight into some recent rulings and changes in the law during the Trump Administration, which is valuable information for any employer to know.

Ms. Hewitt is available to discuss any employment or worker's compensation litigation matter, through her unique perspective as an experienced advocate for Employer's, Carriers and Third Party Administrators throughout the State of Florida.  

Miami District welcomes two new JCC's!

On January 19, 2018 the Miami District Office of the Judges of Compensation Claims held the Investiture of two new JCC's, the Honorable Walter Havers and the Honorable Jeffrey Jacobs.  It was a wonderful ceremony attended by all of the Miami JCC's, retired JCC Charles M. Hill, the Chair of the Worker's Compensation Section of the Florida Bar Leo Garcia, and many distinguished members of the worker's compensation section of the Bar.

Both of these new JCC's are fine gentlemen and scholars who bring a wealth of experience to the position.  The event offered attendees the opportunity to get to know more about both of them.

Judge Havers played a pivotal role in the implentation of the electronic filing or EJCC system, with an emphasis on the electronic transmission of appeals which has saved the system millions of dollars to date and will continue doing so into the future.  He also served as legal advisor to the Office of the Judges of Compensation Claims and assistant to the Deputy Chief Judge of Compensation Claims. He developed rules of procedure, policies, and production methods to improve the workflow and efficiency of the OJCC. In addition, he represented Judges of Compensation Claims before the First District Court of Appeal in cases involving Petitions for Writs of Mandamus and Prohibition.

Judge Jacobs has served as Chair of the Workers’ Compensation Section, Program Chair of Workers’ Compensation Forum, Chair of the Dade County Bar Association Workers’ Compensation Committee, Vice Chair of The Florida Bar Workers’ Compensation Rules Advisory Committee, Chair of The Florida Bar Workers’ Compensation Rules Committee, and as an instructor with the Workers’ Compensation Trial Advocacy Program. He has has lectured at numerous seminars on various workers’ compensation topics. In addition to workers’ compensation, he has practiced a variety of other fields of law.

Both of these gentlemen are well suited to the task of handling the intense litigation environment in Miami.  Our Firm looks forward to working with these new JCC's for years to come on behalf of our clients.  

Congratulations to Attorney Humberto Valdes on being named a Partner with the Firm!

It is with great pleasure that Jones, Hurley & Hand, P.A. announces the Partnership of Humberto Valdes.  Throughout his career he has worked tirelessly for his Employer, Carrier, Servicing Agent and Third Party Administrator clients defending their interests in some of the most novel, high profile litigation in the State of Florida.  He is a consummate team player who always concerns himself with the best interests of his clients, the firm and his colleagues, and that really has been a key part of his success and achievement as an attorney.  He has been selfless in this regard and is to be commended, not only for his abilities as an attorney, but additionally for his focus on the growth and prosperity of Jones, Hurley & Hand, P.A.  On top of being a phenomenal attorney, Mr. Valdes is a dedicated husband and father whose family adores him even more than we do at the firm!  

Congratulations to Attorney Rob Griffis on becoming Board Certified!

The firm congratulates Attorney Rob Griffis in our Orlando office on becoming a Board Certified Attorney in Worker's Compensation!  Rob is a skilled practitioner in worker's compensation with a reputation for aggressive, effective representation of Employers' Carriers and Servicing Agents.  In addition to general workers' compensation claims, he handles complex construction and general contractor claims. He also specializes in wrap up and owner controlled insurance policy questions, as well as, contractor controlled insurance policy issues. Mr. Griffis also performs subrogation work and supporting litigation. Lastly, he handles Federal claims involving Maritime Law and Admiralty, and claims pertaining to general negligence (auto and property) in Circuit and Federal Courts. 

In becoming Board Certified, Attorney Griffis has demonstrated his exemplary commitment to his profession, his clients and to the pursuit of excellence as an attorney.  As a firm, we are proud to see the ranks of Board Certified Attorneys within our organization growing steadily as an embodiment of our firm wide commitment to our clients and to excellence in the legal field. 

“Board certification is one of the highest recognitions a lawyer in Florida can receive. The very difficult testing and extensive background peer review to confirm professional conduct is such a high standard that just seven percent of our eligible membership has achieved this level of recognition.”

— Florida Bar President Gregory Coleman

Original poem by Jennifer Rose serves as inspiration and basis for London performance!

Congratulations to our very own Jennifer Rose (The artist formerly known as Jennifer Matteo) for having an original poem of hers, "Heart, Mind, Body and Soul" adapted into a full length production at the prestigious Conservatoire East in London!  Jennifer's piece and the dance adaptation was performed multiple evenings on the stage in London to great acclaim.

To those of us who know Jen, it is no surprise to see her writing skills recognized on a greater stage, as she exhibits this same intellect and ability in her daily work on behalf of Employers, Carriers and Servicing Agents in her vital role as a paralegal in the firm to Attorney Michael Hernandez.  While we all knew she is a scholar and a tremendous asset to our firm and to our clients, it's amazing to see such an accomplishment in a completely unrelated field.

Congrats Jen!  

JHH welcomes its newest attorney!

Jones, Hurley & Hand, P.A. is excited to announce the hiring of its newest associate, David Gerhardt. Mr. Gerhardt joins our Miami office location, bringing with him a wealth of experience and knowledge in the defense of worker's compensation claims.  His proven track record of taking a scholarly, well reasoned, and never hasty approach allows us to continue to expand our firm wide mission to represent insurance carriers, employers and third party administrators in the defense of worker's compensation claims, employment related matters as well as general civil litigation disputes.  

THE NLRB Attack on McDonald’s

Amid the economic doldrums of recent times, the fast-food industry has been one of the biggest job creators. So far this year, it has added employment at a four percent rate, which stands to make this the third straight year at that pace. If only the entire economy had done so well. 

But no good deed goes unpunished. Recently, the National Labor Relations Board decided that  McDonald's will have to play by a brand-new set of rules — and if that decision stands, it could 
affect a lot of other businesses in fast food and other sectors. It's a mistake that needs to be 
reversed before it does real damage.

The ruling by the NLRB's general counsel says that McDonald's can be held liable for the 
employment decisions made in its franchised outlets, which number some 13,000 in this 
country. So if a rogue franchisee in Sasquatch Hollow violates the law on overtime or wages, 
the Oak Brook-based corporation can face sanctions.

"This decision changes the rules for thousands of small businesses, and goes against decades 
of established law regarding the franchise model in the United States," the company said. The 
National Retail Federation called it "outrageous." The Services Employees International Union 
tweeted gleefully, "HUGE victory for labor & fast food workers!"

Neither side is exaggerating. Imposing this model on McDonald's would upend a franchise 
system that has worked well for owners and consumers — and provided millions of jobs, many 
of them for people who arrive with few skills. By assigning McDonald's responsibility for wages,  hours, hiring and firing, the agency would make it far easier for labor organizers to turn all these restaurants into one big union shop. Local McDonald's owners would see their wages set via a  union contract negotiated by faraway corporate executives.

The NLRB takes the view that the company has so much control over the operations of its 
franchises that it might as well own them. But it's a hard case to make. Franchise owners decide how many workers to employ, do the hiring, set each employee's pay, hours and duties, fire those who don't work out, and more. Franchising is common in all sorts of businesses, from real estate to autos to hotels. It has spread because it has proven its value in a competitive 
marketplace.

"The franchise business model is predicated on the idea that franchisers do not involve 
themselves in those aspects of employment," Andrew Puzder, CEO of CKE Restaurants, which 
includes Hardee's and Carl's Jr., wrote in The Wall Street Journal. He contended the system 
works "because it allows franchisees to control costs, such as labor, and reap the benefits of 
running their businesses profitably." This change, he argues, "would essentially destroy the 
business model."

The NLRB has long recognized how the model works. But suddenly it has decided to change 
settled rules on which much of the economy has been built. The new liability would invite a 
plague of lawsuits, while forcing corporations to drastically alter their operations.

The impact is potentially huge, since more than eight million people work for franchise 
operations — 15 percent of all private sector jobs in this country. And that's leaving out the 
consequences for consumers, who are even more numerous. McDonald's alone serves 25 
million Americans every day.

Unions think they would have better luck dealing with one giant company than with thousands of individual operations, and they may be right. But the best thing for workers is a profitable, 
growing sector built on a proven system. If that system falls by the wayside, a lot of their jobs 
will go with it.