Member Bio
H. George Kagan was named among the “Top 100? Florida Super Lawyers for two years and included among Florida Super Lawyers for the last seven. In 2012 he received Martindale-Hubbell’s 30th Anniversary “AV- Preeminent” rating (Highest Possible Peer Review Rating in Legal Ability & Ethical Standards), and has for seventeen years seen continuous inclusion in Best Lawyers in America. He is also immediate past chair of the national Workers’ Compensation Committee of DRI: Voice of the Defense Bar, where he inaugurated the National Workers’ Compensation Review, now in its 4th year.
In 2010 George was inducted into the American Bar Association’s College of Workers’ Compensation Lawyers, and his firm, Miller Kagan Rodriguez & Silver was designated as one of the nation’s ‘Best Law Firms’ by US News and World Report from 2010 to 2012. In January 2012, he was inducted into the inaugural class of the Florida Workers’ Compensation Hall of Fame. Also in 2012, George lectured on the foundational topic of ‘medical benefits’ at ‘The Forum’ –- the combined Florida Bar Board Certification Course tied to the WCCP Claims Professionals CWCL Certification course.
George had the privilege of having been elected Chair of The Florida Bar’s Workers’ Compensation Section, during which term he founded and served as Editor-in-Chief (for 7 years) of The W.C. Section News and 440 Report. He served as Executive Committee member of the section for 12 years and was appointed by the president of the Florida Bar as Workers’ Compensation Rules Committee chair and also as Vice Chair of its inaugural Workers’ Compensation Board Certification Committee — and he was appointed by the Governor of Florida as member, Statewide Nominating Committee. He has also served as Steering Committee member of the National Workers’ Compensation Institute (formerly FWCI) for over 20 years.
George is particularly proud of the following three appointments:
He was appointed by the Chief Judge of Florida’s 15th Judicial Circuit, the renowned Jack Cook, as his successor as President of the Craig S. Barnard Chapter of the American Inns Of Court, 1994-1995, a national legal society aimed at elevating the practice and professionalism of bench and bar;
He was selected by Florida’s First District Court of Appeal as its district-wide “attorney-representative” to the Conference of State District and Supreme Courts, 1999, and finally;
In 2004 he was invited to speak at the annual meeting of the Florida Bar at a special memorial ceremony honoring the memory and professionalism of the late Miami-Dade Circuit and Florida 3rd District Court of Appeal Judge – but originally Judge of Compensation Claims — Wilke D. Ferguson.
George is also proud of having received in 1994 the Friends of 440 Award as distinguished defense attorney honoree for the year, and The Bud Adams’ Award for professionalism a few years earlier. He is included among Corporate Counsel Magazine’s ‘Best Lawyers’; has been named among Florida Trend’s Legal Elite for his Appellate work, and he has been designated one of Florida’s Top Lawyers by Florida Monthly and as one of South Florida Magazine’s ‘Top Lawyers’ for 2011.
George received his J.D. degree from the University of Miami in 1975 and his B.A. from the University of South Florida in 1972. He recalls the pivotal moment in his career when, in June 1975, he had to decide between an offer of an Assistant State’s Attorney position extended to him by Janet Reno, or going to work for H. Jack Miller and Dick Hodges. He has never regretted his choice.
Experience
Landmark Decisions
Wright v. Uniforms for Industry established in 2000, the constitutionality of the employer’s right to terminate all compensation and medical benefits upon a finding of fraud.
Henson v. U.S. Sugar Corporation . In 2002, this Supreme Court case established on behalf of our combined clients ( The American Crop Protection Association; Chemical Manufactures Association; Florida Fruit and Vegetable Association; Florida Fertilizer and Agrichemical Association; Florida Citrus Mutual and Gulf Citrus Growers Association), the “Frye” test as applicable to Florida workers’ compensation (as a means of subjecting questionable scientific evidence of causation and the like to a higher standard of scrutiny).
Advanced Masonry v. Molina , 4 so3d 62 ( Fla 1st DCA 2009), disqualifying a claimant from PTD benefits where a job was available had he only taken English courses.
Perez v. Rooms To Go 997 so 511 ( Fla 1st DCA 2008), establishing a one time change in physician is limited to one per accident, not one per specialty.
Professional Activities
2007-10 National Chair, Workers’ Compensation Committee of DRI: The Voice of the Defense Bar. Member and past chair, Workers’ Compensation Section of The Florida Bar
Author, Foreword to John Dubreuil’s Guide to Florida Workers’ Compensation Claims, 2nd, 5th and 6th Edition
The Florida Bar Continuing Legal Education (CLE) Lecturer, Board Certification Seminar Program (2005 to present)
FWCI Steering Committee member, Workers’ Compensation Educational Conference (1985 to present)
1999 Appointed by Florida’s First District Court of Appeal as its attorney-representative at the Conference of State District and Supreme Courts
1996 Member, Workers’ Compensation (Board) Certification Grade Review Panel
1994-95 President, American Inns of Court (Palm Beach County Chapter)
1993 Appointed member, Statewide (Judicial) Nominating Commission
1988-90 Vice-Chair (inaugural) Workers’ Compensation Board Certification Committee, The Florida Bar
1985-93 Originator and Editor-in-Chief, Workers’ Compensation Section, News and Four-Forty Report
1985 Chair, Workers’ Compensation Section, The Florida Bar
1984 Chair, Workers’ Compensation Rules Committee of The Florida Bar
Speaking Engagements
Mr. Kagan speaks annually on behalf of The Florida Bar at the workers’ compensation certification review course and is a Bar approved CLE instructor. He has served as the Moderator for Florida Workers’ Compensation Educational Conference’s “Main Event”, The Case Law Update (1994-2005). He is also a featured speaker at multiple presentations of the WCCP, including the annual Claims Manager’s Conference. He recently spoke (2008) at National DRI’s Trucking Conference in Scottsdale, Arizona.
Certifications & Licenses
1988 Board Certified Workers’ Compensation Specialist, Florida Bar
1981 U.S. Court of Appeals for the 11th Circuit
1980 U.S. Supreme Court
1975 Florida State Bar Association
Accredited Continued Education Units (CEU) speaker
Awards & Recognitions
“Top 100” Florida ‘Super Lawyers’ by Florida Super Lawyers Magazine, 2006 through 2015
Top 1% most endorsed on LinkedIn in US for Workers Compensation, 2013
Received Martindale-Hubbell’s 30th Anniversay “AV-Preeminent” rating
Best Lawyers in America acknowledgement over last 18 years
Leading Florida Attorney by American Research Corporation
Corporate Counsel Magazines' Best Lawyers
Florida Trend's Legal Elite Appellate Practice
Florida Monthly: Florida's Top Lawyers
1994 Friends of 440 Honoree
Recipient of W. L. "Bud" Adams Award
Designated individually with a 'Best Lawyer' honor by US News and Best Lawyers in America
Corporate Counsel Magazines' Best Lawyers
2013 Top Rated Lawyer in Appellate Law
Education
University of Miami (J.D. 1975)
University of South Florida (B.A. 1972)
Languages
English