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Morgan’s Tip of the Week – 120 Day Rule Backdoor Escape Hatch

Greetings, There has been a recent slew of cases addressing the 120 day rule, and estoppel arguments regarding the Employer/Carrier’s failure to deny part or all of a claim or injury. However, none of these cases had arguments or issues regarding the “backdoor” caveat to the 120 day rule.  If E/C doesn’t deny the accident […]

Morgan’s Tip of the Week – New Unemployment Assistance

Greetings and happy 2021! On December 30, the Federal Budget was signed into law (Consolidated Appropriations Act, 2021), and as a part of that bill was the Coronavirus relief measures (Coronavirus Response and Relief Supplemental Appropriations Act, 2021)  The bill is 5,393 pages, it is not a real page-turner. The bill provides for $600 stimulus […]

Morgan’s Tip of the Week – Year End PTD Cleanup Issues

Greetings, A few reminder notes for the PTD season: Do not forget to adjust any PTD supplemental benefits effective 1/1/21.   Date of accident after 10/1/2003- it’s a 3% increase.  The formula is 3% x number of years since the accident x comp rate.   PTD supplemental benefits end at age 62 (unless the accident prevented them […]

Morgan’s Tip of the Week – Max CR and Possible Marijuana Changes

Greetings, The Dept. of Financial Services released the FL WC maximum compensation rate effective 1/1/21, its $1,011.  This is for dates of accident after January 1.  Also, a reminder that base PTD benefits plus PTD supplements cannot exceed the max CR for the year that it is paid.  Memo attached on the new max CR. […]

Morgan’s Tip of the Week – FL WC Annual Stats

Greetings, Don’t forget to scour everything you received on Wednesday and over the break for 1-time change requests.  Watch out for anything referencing “an alternative” doctor or anything citing 440.13(2)(f).   You must respond by 4:59 pm today, Monday, 11/30/20. DOAH has released its annual report, the usual treasure trove of statistics about the FL WC […]

Briefly Speaking – Case Law Updates (11/25/20)

Adriana Santiago v. SBA Communication Corp. JCC Hedler:   West Palm Beach District                            Order date:   11/4/2020  OJCC Case:   20-001834TAH                                          Date of Accident:   11/25/2019 Claimant’s Counsel:   Brian Vassallo                          […]

Morgan’s Tip of the Week – Change of Seasons/Change of Doctors

Greetings, hard to believe Thanksgiving is next week.  It’s been a year to remember, but don’t forget to stay on the look-out for 1-time changes. As a reminder, any requests received before 5 pm EST on Wednesday before Thanksgiving (11/25) need to be answered by 5 pm on Monday after Thanksgiving (11/30).   Also: “Received” means […]

Briefly Speaking – Case Law Updates (11/13/20)

Bruce Lieske v. Airco Aviation Services, LLC and Gallagher Bassett Services, Inc. JCC Owens: Port St. Lucie District                               Order Date: 10/12/2020 OJCC Case: # 20-008054                                               Date of Accident: 11/11/2019 Claimant’s Counsel:     Richard Robbins                       E/C Counsel: Scott B. Miller JCC Order: Click Here   Briefly: Major Contributing Cause Summary:  The claimant sustained a heart attack, […]

Morgan’s Tip of the Week – PFB Trends

Greetings, hope everyone is doing well. Litigation is slowly starting to increase back to pre-pandemic levels, and so is the flood of PFB’s.   Since April, the number of new litigated WC claims in Florida is down 13% compared to 2019.  However, since September its only down 7%, so the numbers are increasing.  Along with that […]

Morgan’s Tip of the Week – MCC and Specific Diagnosis

Greetings, the 1st DCA issued a ruling last week clarifying-ish Major Contributing Cause and the 120 day rule in Sanchez v. Yellow Transport, 1D19-4231. The crux of the case was the E/C had authorized treatment over the years for the “lumbar spine”, and had never delineated that they were accepting a lumbar strain or any […]