Archive by Month: February 2023

Remote Employees and Workers' Compensation: What Companies Should Know

Posted in Legal Alerts on February 22, 2023

The fact that employees are not physically at their work site does not mean that the potential for workers’ compensation claims is eliminated. In some ways, there is even more of a risk that an employee may be injured because the company cannot supervise how they do their work to the same extent they would if they were on a work site. Even with detailed instructions about work safety, employees may still put themselves at risk for injury. Thanks to the rise in remote work, there may be more complex issues surrounding workers' compensation claims now compared to when most employees did their work at a work site.

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Bill Mitchell to Speak at the 2023 PLRB Claims Conference

Posted in Speaking Announcements on February 21, 2023

William M. “Bill” Mitchell, Sr., a partner in Conroy Simberg’s Tampa office, will co-present “Water: Issues, Remediation & Exposure,” at the 2023 PLRB Claims Conference and Insurance Services Expo in Orlando, Florida. Bill will present on Tuesday, March 21 at 1:30 pm and on Wednesday, March 22 at 3:30 pm.

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Summary Judgment Granted in a Late Reported Irma Hurricane Case

Posted in Verdicts and Settlements on February 17, 2023

William M. “Bill” Mitchell, Sr. recently prevailed on a motion for summary judgment in a late reported Hurricane Irma claim in Collier County. The Insurer will now be seeking an award of fees and costs as the result of an expired proposal for settlement. 

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Summary Judgment Obtained In Homeowner’s Insurance Case

Posted in Verdicts and Settlements on February 13, 2023

Jesse C. Dyer and Noelia C. Vaccaro recently prevailed on a motion for final summary judgment in a homeowner’s insurance case in Miami-Dade County, in which the Plaintiff alleged that the insurer materially breached the insurance policy by failing to make payment for mold testing. The Court agreed that the insurance policy only provided coverage for mold testing to the extent there was reason to believe mold was present, and Plaintiff’s affidavits failed to create a genuine issue of material fact because they were conclusory in nature.

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Hollywood Attorneys Prevailed on a Motion for Summary Judgment in a Negligence Case

Posted in Verdicts and Settlements on February 9, 2023

Samuel Spinner, appellate associate, and Mark Goldstein, associate, recently prevailed on a motion for summary judgment in a negligence case on the grounds of workers’ compensation immunity. The plaintiff represented the estate of a worker who suffered a fatal injury during a construction project. The defendant general contractor moved for summary judgment on the basis that it was the decedent’s statutory employer and entitled to immunity. The trial court granted summary judgment, rejecting the plaintiff’s arguments that the decedent’s status as an undocumented worker and fact that the decedent was not paid for his work for the week of the accident precluded the defense from asserting workers’ compensation immunity.

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