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Morgan’s Tip of the Week – Getting MMI and PIR’s

Greetings, Sometimes when we are dealing with doctors who are not as familiar with the WC system, we have a difficult time getting them to address MMI, impairment ratings, etc…and complete the DWC-25.. Well the statute does provide us with some tools to help.  (This of course assumes the claimant is or should be at […]

Morgan’s Tip of the week- Litigation Volume in Florida

Greetings, DOAH (Division of Administrative Hearings) , the entity that runs the Fla WC court system just put out their preliminary annual report on the statistics of the Mediation process.  The full annual report on the entire system should be out in a month or so.   DOAH’s fiscal year runs July 1, 2018-June 30, 2019. […]

Briefly Speaking – FL Case Law Updates (10/1/19)

Corripio, Luis R. vs. Coastal Export Inc. JCC Jacobs: Miami District                                     Order Date: 9/16/2019 OJCC Case:   18-026824JIJ, 19-002249JIJ             Date of Accident: 11/1/2016, 3/7/2017      Claimant’s Counsel:  Richard J. Dolan, II               E/C’s Counsel:  Janetlee Garcia JCC Order: Click Here Briefly:  TPD/Voluntary Limitation of Income Summary:  The Claimant injured his left arm at work on 11/1/2016, and […]

Morgan’s Tip of the Week – 120 Day Rule

Greetings,  By special request, here is a tip on the “120-day rule”, one of the more frequent questions I see. Because of conflicting caselaw over the years, there is still some lingering confusion.   The 120 day rule goes to the compensability of the accident itself, as well as subsequent body parts that arise.   More on […]

Morgan’s Tip of the Week – Exposure Claims (again)

Greetings, one of the most frequent questions I get is about exposure-type claims.  This is the tip I sent last year on it, so I thought I would resend. When the statute was amended in 2003, the Fla. Legislature intentionally created a higher burden for a claimant to prove an exposure claim. (Note an Exposure […]

Marijuana Issues

Greetings, I am starting to see a few claims where the claimant tests positive for marijuana post-accident, and they have a Florida medical marijuana card.   I have not yet seen one where the drug screen was done within a short enough window of time to deny the entire claim under the intoxication defense yet though. […]

Difficulties with the Waiting Period under §440.12(1)

By:  Sal Coppolino, Associate, Jacksonville Florida Statute §440.12(1) created what is commonly known as the “waiting period” of indemnity benefits. In short, indemnity compensation is not due for the first 7 days of the claimant’s disability, unless the injury results in more than 21 days of disability. If the injury does result in more than […]

Potential For Settlement Of Supplemental Benefits Entitlement for Accidents Prior To 7/1/1984

By:  Ed Williamson, Senior Counsel, Jacksonville For dates of accident prior to July 1, 1984, the State of Florida pays supplemental benefits for the Claimant’s entire life, and the Carrier pays the base PTD benefit. The supplemental benefits are actually paid through the State of Florida Workers’ Compensation Trust fund. The Trust Fund is funded […]

Growing Pains – The Implementation of Florida’s New Opiate Prescription Laws

By:  Caitlin Oliver, Associate, Orlando As of July 1, 2019, a new Controlled Substances law went into effect in Florida which alters requirements for prescribing opiates.  House Bill 451, Nonopioid Alternatives, was approved by Governor DeSantis and requires that before providing anesthesia or prescribing, ordering, dispensing, or administering an opioid listed as a Schedule II […]

Do You Have the Heart to Sue? An Analysis of The Compensability of Heart Attack Claims in Georgia

By:  Kenny Bishop, Associate, Georgia In Georgia, heart attacks and strokes are not generally compensable as workers’ compensation injuries; however, if the Claimant can prove “by a preponderance of competent and credible evidence” that the Claimant’s employment duties caused or contributed to the condition, he may be able to collect workers’ compensation benefits. While the […]