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Morgan’s Tip of the Week – Accident vs. Injury

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Greetings, I probably get 2-3 questions a day from clients to help them make a determination on whether an accident or injury c an be denied or if  it is compensable.  (Keep those questions coming!) In laymen’s terms, an accident is the event, the injury is the result.  We often use the terms interchangeably as […]

Morgan’s Tip of the Week – Math/OP and UP

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Greetings, this tip is on everyone’s favorite topic, math. For the first few weeks of a claim, it can be difficult to obtain the correct information regarding the AWW and post-accident earnings to pay benefits correctly. This can create hodge-podge of underpaid weeks and overpaid weeks once the info is received.   Per the statute, any […]

Briefly Speaking – FL Case Law Updates (6/1/18)

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Harbor Freight Tools, Inc. v. Patricia Whitehead JCC Humphries: Jacksonville District                 Opinion Date: May 18, 2018 OJCC Case: 16-019425                                              Date of Accident: May 3, 2015 E/C’s Counsel: Daniel Schwarz & Gina Jacobs    Claimant’s Counsel: Daniel J. Glary JCC Order: Click Here                                               1st DCA Order: Click Here Briefly: 120 Day Rule – […]

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: […]