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Morgan’s Tip of the Week – Settling Pro Se Claims

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Greetings, an issue has come up recently on two of my files where the adjuster settled the file with a claimant directly pro se.   The issue is whether the settlement covers  “any and all claims”. In one, the claimant alleged he did not think he was settling his other claim.  In the other file, […]

Briefly Speaking – FL Case Law Update (5/4/18)

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April 2018 Attorney Fees & Costs Orders   Marilyn Kay Kopp v. Heartland Dental JCC Dietz: Melbourne District                        Order Date: April 5, 2018 OJCC Case:  17-004257                                    JCC Order: Click Here Claimant’s Counsel: Michael J. Celeste        E/C’s Counsel: Justin R. Crum Hourly Fee Awarded: $300/hour for Partner and $200/hour for Associate Summary: Claimant’s Counsel obtained […]

Briefly Speaking – FL Case Law Update (4/23/18)

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FIRST DCA ORDERS Joseph Ryals v. Escambia County BOCC JCC Winn: Pensacola District                            Opinion Date: March 27, 2018 OJCC Case: 15-006425                                       Date of Accident: April 30, 2014 Claimant’s Counsel: Brian Carter                      E/C’s Counsel: Patrick Luna JCC Order: Click Here                                       1st DCA Order: Click Here Summary: Major Contributing Cause – Claimant suffered a compensable […]

Morgan’s Tip of the Week – 1-Time Change Authorization

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Greetings, A JCC just ruled that the E/C took too long after selecting a 1-time change doctor to “provide” the doctor, and thus the claimant was allowed to select their own physician.  This is a JCC level decision, and not an appellate decision, but other judges could follow the rationale. (the link to the case […]

Briefly Speaking – FL Case Law Update (4/6/18)

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Attorney’s Fees & Costs Orders Daniel Ruiz v. All Florida Brick Corp. JCC Medina-Shore: Miami District                     Order Date: March 1, 2018 OJCC Case: 15-024327                                         JCC Order: Click Here Claimant’s Counsel: Ivan Morales                      E/C’s Counsel: Kurt Wirsing Hourly Fee Awarded: $375/hour for Partner and $325/hour for Associates Summary: Counsel for the Employer/Carrier stipulated to fee […]

Briefly Speaking – FL Case Law Updates (3/27/18)

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JCC ORDERS Damita Sanders v. Adecco JCC Arthur: Lakeland District                             Order Date: March 12, 2018 OJCC Case: 17-006692                                        Date of Accident: December 8, 2016 Claimant’s Counsel: Joshua C. Nelson              E/C’s Counsel: Nisha D. Waranch          JCC Order: Click Here Briefly: Compensability (Repetitive Trauma) – Claimant alleged a repetitive trauma carpal tunnel injury as a result […]

Morgan’s Tip of the Week – Authorization Communications

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Greetings, In the past week, I have had a few issues come up with authorization letters and faxes to medical providers.  The language we use matters greatly. I know many times we use the phone to provide the initial authorization, but you should always follow up in writing, email is even fine. To the provider: […]

New Blood Pressure Guidelines May Mean More Workers’ Compensation Claims

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By: Michael Arington, Associate, Jacksonville Employers and defense attorneys can expect more claims for high blood pressure because of new blood pressure guidelines from two leading medical associations. The new requirements mean more people will qualify for diagnoses of hypertension, resulting in more claims from first responders, claimants needing cardiac clearance for surgery, and claimant […]

Holiday Party Claims: Yea or Nay?

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By: Marcus Rodriguez, Associate, Orlando The holidays–we all love when the time of year comes around for end of year parties and company functions. Now that the season is over, the claims for compensability may be rolling in. While many understand that workers’ compensation policies protect employees who are injured within the course and scope […]

Medical Marijuana Update for Georgia Workers’ Compensation Claims

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By: Zal Linder, Partner, and Ashley Rudolph, Associate, Atlanta With the growing trend of more and more states allowing for the use of marijuana, both medicinal and recreational, it is worth taking a closer look at the current status of the law on this issue. Under O.C.G.A. § 16-12-191, Georgia only allows the use of […]