.

Blake devotes his practice to the defense of employers and insurance carriers in claims and appeals arising under the Florida Workers’ Compensation Act as well as claims brought under the federal Longshore and Harbor Workers’ Compensation Act.

Blake is Board Certified by The Florida Bar in Workers’ Compensation, a designation he earned in 2013. He is experienced in workers’ compensation law dealing with the analysis and litigation of problems or controversies arising out of the Florida Workers’ Compensation Law.

In addition to his practice that extends throughout the state of Florida, Blake is also licensed to practice law in North Carolina. He represents many insurance carriers and third party administrators. Additionally, he lectures on various topics concerning state and federal workers’ compensation claims.

An active member of the Jacksonville Bar Association, Blake currently serves as the co-chair of the Social Security and Workers' Compensation Law Committee. He previously served as co-chair of the Workers’ Compensation Section. Blake also proudly served as Co-Chair for the Friends of 440 Scholarship Fund between 2010 and 2012 and helped coordinate numerous fundraising events for the purpose of raising scholarship funds for the organization.

When not working, Blake enjoys spending his time with his wife and daughter, cooking, reading and playing classical guitar.

    • Florida State University College of Law (J.D., 2002)
    • Emory University (B.A., 1999)
    • Oxford College of Emory University (A.A., 1997)
    • Florida, 2002
    • North Carolina, 2006
    • U.S. District Court Middle District of Florida, 2007
    • E. Robert Williams Inn of Court, Barrister
    • Florida Bar
    • Friends of 440 Scholarship Fund, Inc., Jacksonville Division Co-Chair, 2010-2012
    • Jacksonville Bar Association, Social Security and Workers' Compensation Law Committee Co-Chair, 2025-2026
    • North Carolina Bar
    • "One Time Changes” in Medical Providers Under Florida Statutes Section 440.13(2)(f), Florida Bar Workers’ Compensation Section Webinar, June 11, 2025
    • Hot Topics for Attorneys, Workers’ Compensation Institute 77th Annual Workers’ Compensation Educational Conference, Orlando, FL, August 2023
    • Repetitive Trauma, Exposure and Occupational Disease, The Florida Bar Workers’ Compensation Forum, 2015-2017
    • “Repetitive Trauma, Exposure and Occupational Diseases," The Florida Bar Workers’ Compensation Forum Course Book, 2015-2017
    • “Florida Common Law Jurisprudence,” by Michael Cavendish and Blake J. Hood, The Florida Bar Journal, January 2007, Volume 81, No. 1, Page 8
    • Board Certified Specialist, Workers' Compensation, The Florida Bar

Thought Leadership

What's Hot in Workers' Comp

Workers’ Compensation Decision Clarifies that Out‑of‑State Family Visits Don’t Meet Medical Necessity Standard

June 8, 2026

Purple Pride, Inc. v. Burgess, 51 Fla. L. Weekly D479 (Fla. 1st DCA Mar. 18, 2026), reh'g denied (Mar. 31, 2026) The claimant suffered a work-related motor vehicle accident in 2019 that caused him to become tetraplegic (or quadriplegic), requiring around-the-clock attendant care. In 2024, the claimant filed a petition for benefits, requesting certain attendant care benefits he felt were necessary to allow him to take a trip to visit family in New York. The benefits he sought included the extra cost of traveling attendants, including their overtime pay and accommodations, and the extra cost of renting a Hoyer lift, commode chair, and other durable medical equipment (DME) needed for the trip. The employer/carrier denied the request as not being medically necessary. The claimant obtained an opinion from the treating psychotherapist that a visit to see family in New York would improve claimant's mental health. The psychotherapist opined that the trip was “medically necessary” in the sense that it could improve claimant's symptoms related to depression and anxiety. The Judge of Compensation Claims (JCC) rejected the claimant’s position that the trip to New York itself was medically necessary under the definition of medical necessity in § 440.13(1)(k), Fla. Stat. (2024). However, the JCC found that the employer/carrier should nonetheless be required to pay for the additional costs the claimant would incur to travel with the attendants and DMEs. In the JCC's view, the employer/carrier should cover those costs anywhere, pursuant to “the maxim that industry is responsible for what industry causes.” The First District Court of Appeal set aside the JCC’s order and held that because the JCC concluded that the claimant's trip to New York was not medically necessary, it was error to require the employer/carrier to pay for the additional medical benefits he sought for the trip.  The court explained that “transportation other than to a doctor” reflects on quality of life rather than medical necessity and is “generally considered gratuitous and not compensable.” Therefore, the JCC’s order was set aside.

What's Hot in Workers' Comp

The First District Court of Appeal Adopts (Again) New Methodology for Analyzing Statute of Limitations

May 1, 2026

Estes v. Palm Beach Cnty. Sch. Dist., No. 1D2025-0079, 2026 (Fla. 1st DCA Mar. 23, 2026) The First District Court of Appeal issued another opinion in the court’s ever-developing interpretation of the statute of limitations provision of Florida Statutes Section 440.19(2). The court did so en banc, moreover, because it intended to correct the court’s interpretation of Section 440.19(2) in a way that directly conflicts with how several previous panels of the court applied the tolling provision. The Estes case clarifies that the proper methodology for determining whether the statute of limitations has run is akin to the “master timer/tolling timer” methodology of Ortiz v. Winn-Dixie, Inc., 361 So. 3d 889, 893 (Fla. 1st DCA 2023), which was superseded by Ortiz v. Winn-Dixie, Inc., 402 So. 3d 301 (Fla. 1st DCA 2024). In Estes, the petition for benefits at issue had been filed in June 2024, which was more than two years after the accident, and more than one year after the furnishment of the last compensation benefit. The Judge of Compensation Claims (JCC) followed the statute-of-limitations approach from prior cases and concluded that Section 440.19(1)’s two-year statute of limitations had lapsed after having never been suspended or abated by operation of Section 440.19(2).  The court analyzed the history of Section 440.19 and noted that the 1994 statutory amendments changed the provision from an extension-based analysis to a tolling-based one.  Section 440.19(1) of the post-1994 statute provides that an PFB must be filed within two years of the date when the claimant knew or should have known that the injury arose out of work performed in the course and scope of employment. Section 440.19(2) states that the provision of benefits “shall toll the limitations period set forth above for 1 year from the date of such payment.” Older cases had held that the one-year tolling period did not apply to the initial two-year period; the court in Estes clarified that it does. The court further clarified that “tolling” means to “suspend,” “stop temporarily,” or “abate.” In Estes, the court noted that the employer/carrier began providing benefits starting within just two days of the claimant’s accident in 2021 and continued doing so through January 2023.  Consequently, the court held that the subsection (2) one year “tolling clock” promptly stopped the running of what the opinion refers to in different places as subsection (1)’s two year “limitations-period clock,” the “ultimate clock,” and the “master clock,” which is the “ultimate arbiter of time.” In other words, at the moment Estes received her first benefit, the two-year master clock stopped ticking and would only start again after one year from receipt of that benefit.  However, since Estes continued to receive benefits, the master clock would never start until one year after she received last of these benefits—through at least January 2024. Therefore, when Estes filed her PFB in June 2024 (seeking a one-time physician change and benefits for the same injuries), she was only about six months into the running of the two-year master clock. The majority opinion rejected the various arguments raised by the two dissenting opinions that centered their objections on the practical workability of the new methodology, its economic impact, and stare decisis. The majority centered its approach on the “plain and ordinary meaning of the enacted text.” The plain and ordinary meaning of the Estes case itself is that the older “two years from the accident date/one year from the last benefit” methodology is gone.  Unless the Supreme Court reversed Estes or the legislature amends the statute, parties must understand that provision of benefits at the outset of a claim will stop the clock, potentially for significant lengths of time.

Firm Highlights

Thought Leadership

Pennsylvania Supreme Court Holds Self-Referral Prohibition Does Not Cover Prescriptions Written by Physicians with Ownership Interests in Dispensing Pharmacies

700 Pharmacy v. Bureau of Workers’ Compensation Fee Review Hearing Office (State Workers’ Insurance Fund); Nos. 97, 98, 99, 100, 101 MAP 2024; decided June 16, 2026; by Justice Mundy.   In this case, Drs. Miteswar Purewal and Shailen Jalali, treating physicians for workers’ compensation claimants, wrote prescriptions for various medications that were filled by 700 Pharmacy. The worker’s compensation insurer refused to pay for the prescriptions on the basis that they were illegal self-referrals under the Act. 700 Pharmacy subsequently filed fee review applications with The Bureau of Workers’ Compensation Medical Fee Review Office. At a fee review hearing, both physicians stipulated they had a financial interest in the pharmacy.  The physicians argued that the Anti-Referral Provision of the Act does not bar self-referrals on prescription drugs and pharmaceutical services, since the provision does not specifically identify prescription drugs. The Fee Review Hearing Officer rejected this argument and found that prescriptions for medications are prohibited under the “goods or services” language included in the provision. 700 Pharmacy appealed to the Commonwealth Court, and the court affirmed, agreeing with the Hearing Officer’s interpretation of “goods and services” as encompassing prescriptions. 700 Pharmacy appealed to the Supreme Court.  The Supreme Court reversed the decisions of the Hearing Officer and the Commonwealth Court, holding that the term “goods and services” in the Anti-Referral Provision of the Act did not include prescriptions. According to the Court, “goods and services” was not a catch-all, but simply explanatory as to the eight enumerated categories in the provision. The provision (Section 306(f.1)(3)(iii)) reads, in pertinent part: Notwithstanding any other provision of law, it is unlawful for a provider to refer a person for laboratory, physical therapy, rehabilitation, chiropractic, radiation oncology, psychometric, home infusion therapy  or diagnostic imaging, goods or services pursuant to this section if the provider has a financial interest with the person or in the entity that receives the referral. The Court said that if the General Assembly wanted to specifically include prescription drugs and pharmaceutical services in the Anti-Referral Provision, they would have done so. They pointed out that prescription drugs and pharmaceutical services were included by the legislature in Section 306 (f.1)(3)(vi) of the Act as to reimbursement, and claimed that their omission from the Anti-Referral Provision supports the conclusion that those services are not included in the Anti-Referral Provision’s self-referral prohibition.

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

Unanimous New Jersey Supreme Court Holds That Personal Emails of Public Employees and Officials are Subject to OPRA

In Rosetti v. Ramapo-Indian Hills Regional High School Board of Education, the New Jersey Supreme Court unanimously held that government-related emails, which are contained within personal email accounts, are government records under the Open Public Records Act (OPRA), and a log of those emails must be produced when requested. In reaching this decision, the court conducted an analysis of the OPRA and cited previous cases that held that emails do in fact fall within OPRA’s definition of a record and must be produced when requested pursuant to the Act. The court in Rosetti then had to answer the question as to whether public officials’ personal email accounts that are used for government purposes are subject to OPRA, and found that they are. Rosetti made an OPRA request to the Board of Education seeking email logs from Board members’ personal email accounts. The Board refused to produce the logs and indicated that it was not under any obligation to produce personal email account logs, only from government-related email accounts. The issue was whether a log had to be produced for Board members’ personal email accounts, which they used to conduct Board business. The Board argued that while it was possible to create a log for government-related email accounts through its IT Department, it was not possible to do so for personal email accounts. The court rejected this argument and ruled that Board members are required to search their personal email accounts and create a log of government-related emails housed in those accounts. Once completed, each Board member then must submit a certification detailing the searches that were conducted. The court went one step further with a suggestion to government employees and officials, stating, “[g]overnment agencies should strongly advise their employees, elected officials, and others engaged in government-related business to refrain from using their personal email accounts when conducting government-related business.”  Please do not hesitate to contact me with any questions regarding this case and others pertaining to the OPRA. 

Thought Leadership

Perlmutter Provides Predictability for Punitive Damages Claims in Florida

In a much anticipated decision, the Florida Supreme Court provided clarity for the standards of proof for punitive damages claims in Perlmutter v. Federal Insurance Company, SC2024-0058 (Fla. June 11, 2026). Litigants and trial judges must be mindful of the standards laid out by the Court. And, defense practitioners must be prepared to alter their strategies to defend against such claims. Perlmutter came to the Court from the Fourth District, based on conflict jurisdiction with decisions from the Second and Fifth District and on certification of a question of great public importance as to the standard of proof for punitive damages claims at the pleading stage. Fed. Ins. Co. v. Perlmutter, 376 So. 3d 24, 29 (Fla. 4th DCA 2023). In the underlying case, the Fourth District made two conclusions. First, it held that a “trial court must consider the evidentiary showing by all parties at the hearing on the motion to amend, that is, evidence ‘in the record’ and evidence ‘proffered by the claimant.’”  376 So. 3d at 33. Second, the Fourth held that it “interpreted section 768.72(1) and (2) to require the trial court to make a preliminary determination of whether a reasonable jury, viewing the totality of proffered evidence in the light most favorable to the movant, could find by clear and convincing evidence that punitive damages are warranted.  Id. at 34 (underscoring in the original). In making these conclusions, the court cautioned trial courts that the “preliminary determination” analysis did not entitle the trial court to decide whether the evidence is clear and convincing and noted that the trial court should not weigh evidence and should not determine witness credibility. Id. The Florida Supreme Court accepted jurisdiction and answered the certified question in the negative. It quashed the decision below and remanded the case for application of the following standards: The trial court should consider only the evidence identified or proffered by the claimant; it should not entertain an evidentiary counter-submission from the opponent. The trial court should consider whether a reasonable person could conclude based on the claimant’s evidence, that the defendant committed “intentional misconduct” or “gross negligence” as defined in section 768.72(2) or section 768.72(3). The trial court must review the request for punitive damages in the context of the underlying claims. The trial court should not apply the clear and convincing standard of proof in reviewing the sufficiency of the evidence at the pleading stage. The trial court does not act as a fact-finder; the trial court must not weigh the claimant’s evidence—it cannot decide the truth of the matter. The trial court must consider the record evidence and the proffered evidence in the light most favorable to the plaintiff, but the allegations in the proposed amended complaint are not themselves evidence. Perlmutter, SC2024-0058 at 13-15 (emphasis added). In explaining these standards, the Court interpreted the text of the statute and compared it to a related statute which governs punitive damages in the nursing home context. The nursing home statute expressly calls for evidentiary submissions by “the parties” and expressly tells the trial court to determine whether there is a reasonable basis to believe the claimant could satisfy the “clear and convincing evidence” standard at trial. Id. at 17-18 (comparing the text of section 768.72(1), Florida Statutes, with section 400.0237, Florida Statutes). Without that express language in section 768.72, the statute could not be applied in the same manner. With these standards specially delineated for the trial courts, the Court is “confident that its interpretation of section 768.72(1) will not frustrate the effectiveness of the statute in accomplishing the Legislature’s textually evident purposes.” Id.  at 22 (cleaned up). This remains to be seen. While Perlmutter provides predictability and clarity for trial courts when reviewing the evidentiary submissions in support of a punitive damages claim, the decision will not likely impact the numbers of punitive damages motions filed. Rather, these new parameters will change the way claims are defended, reminiscent of a time when rulings on punitive damages were only subject to certiorari review and appellate courts were limited in reviewing procedural errors. This decision will likely deflate the level-playing field that Florida Rule of Appellate Procedure 9.130(a)(3)(G) addressed by allowing appeals of orders granting and denying punitive damages amendments. Further, Perlmutter may have impliedly created a call to action for the Legislature to amend section 768.72(1) in the same manner it amended section 400.0237 to allow the courts to analyze “admissible evidence submitted by the parties” and determine at a hearing whether there is a reasonable basis to believe the claimant at trial would be able to demonstrate by “clear and convincing evidence” that the recovery of punitive damages is warranted. Until then, defendants must adjust their strategies. To adapt to these new standards, defense practitioners will need to tailor their strategy for defending punitive damages claims since they can no longer submit a counter-proffer or urge a court to apply the clear and convincing standard at the pleading phase. Instead, defendants will need to attack the deficiencies in the claimant’s pleadings and proffer. If the trial court fails to serve as a gatekeeper, and does not apply the above standards, then defendants can pursue an interlocutory appeal under Rule 9.130(a)(3)(G). If a nonfinal appeal is taken, then defendants should move to stay any intrusive financial discovery while the appellate court analyzes the issues on appeal. Finally, defendants should utilize Florida Rule of Civil Procedure 1.510 to serve as a screening device to allow the trial court to analyze all evidence and prevent nonmeritorious punitive damages claims from proceeding to a jury.

News

Marshall Dennehey’s John J. Hare Brings Home Attorney of the Year Honors; Firm Named Litigation Department of the Year in Two Categories

Marshall Dennehey took home top honors in three categories at the The Legal Intelligencer’s 2026 Pennsylvania Legal Awards, held June 11 in Philadelphia. The first place awards include: Attorney of the Year: John J. Hare, Chair of the firm’s Appellate Advocacy & Post-Trial Practice Group and Executive Committee member, together with Charles “Chip” Becker of Kline & Specter Litigation Department of the Year, Appellate – Third Win in a Row! Litigation Department of the Year, Product Liability/Mass Torts “There is no one more deserving of Attorney of the Year honors than John. This award is a testament to his exceptional skill, dedication, and leadership—qualities that truly exemplify the very best of our firm,” said G. Mark Thompson, Marshall Dennehey’s President & CEO. “These honors also reflect the strength and depth of our product liability, mass torts, and appellate practices across Pennsylvania and beyond, underscoring our ongoing commitment to delivering outstanding results for our clients.” Attorney of the Year – John J. Hare, Marshall Dennehey, together with Charles “Chip” Becker, Kline & Specter Over the past year, John and Charles were opposing counsel in many of the highest-profile civil appeals in Pennsylvania. John is renowned as a preeminent appellate lawyer on the defense side, and Chip on the plaintiff's side. They have opposed each other repeatedly, exhibiting peerless professionalism and exceptional civility, while zealously litigating under the unremitting pressure of high-profile litigation and record-setting verdicts totaling more than $3.5 billion. They have also collaborated, outside of litigation, on many commissions, committees, and projects of importance to the Pennsylvania judiciary and legal community. Litigation Department of the Year – Appellate Law, Winner (previous winner, 2025 and 2024) 2025 was another standout year for the firm’s Appellate Advocacy & Post‑Trial Practice Group, led by John J. Hare, which was retained to challenge many of Pennsylvania’s “nuclear” verdicts—awards exceeding $10 million. Notably, the department persuaded the Pennsylvania Superior Court to reverse a Philadelphia judgment of $1.09 billion, the largest judgment ever overturned by a Pennsylvania appellate court. The group’s 11 full‑time Pennsylvania‑based appellate lawyers are at the center of Pennsylvania’s most high-profile matters, bringing more than 150 years of combined appellate experience. They routinely handle post‑trial and appellate matters and are frequently engaged to participate in and monitor trials in high‑exposure cases to ensure that critical legal issues are properly raised and preserved for appeal. Litigation Department of the Year – Product Liability/Mass Torts, Winner This marks the first win for the firm’s Pennsylvania Product Liability and Mass Torts practices, which operate within our Casualty Department, managed by Matthew Schorr and Jeff Rapattoni. For almost five decades, Fortune 500 product manufacturers/distributors and their insurers have turned to these groups to defend their litigation. Led by Bradley D. Remick and Vlada Tasich, our Product Liability group’s success can be attributed to its commitment to keeping abreast of ever-changing legal theories, judicial viewpoints, and evolving technology impacting the product liability landscape. Our attorneys have successfully handled thousands of product liability matters in all jurisdictions across the state. Likewise, our mass tort litigation practice – divided into Asbestos & Mass Tort, and Environmental & Toxic Tort Litigation –  has defended manufacturers, distributors, contractors, and premises owners in thousands of personal injury and other claims. Led by Kevin E. Hexstall and Patrick T. Reilly, most attorneys in these groups have more than 20 years of experience, and our seasoned trial team has tried hundreds of cases to verdict, consistently achieving strong results through both trials and settlements. In addition to these awards, Marshall Dennehey was a Litigation Department of the Year finalist for Professional Liability.