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Briefly Speaking – Case Law Updates (8/3/20)

Donald Barry v. B Hoover Ventures Inc. and Employers Preferred Insurance Company JCC Humphries: Jacksonville District               Order Date: 6/19/2020 OJCC Case: # 19-028179                                               Date of Accident: 10/16/2019 Claimant’s Counsel:     Yuli Kotler                                 E/C Counsel: Colin J. McLean JCC Order: Click Here   Briefly: No Accident/Injury Summary:  The claimant alleged he suffered a work-related accident while […]

Morgan’s Tip of the Week – Looming UE and Offset Changes This Week

Greetings, The $600 weekly Federal boost to State Unemployment benefits expires on Friday, 7/31/20.   The U.S. Congress is still negotiating an extension, with the Democrats current plan to extend the $600 to the end of the year, and the Republican plan (unveiled today) being $200 for two months and then switching to a 70% of […]

Morgan’s Tip of the Week – COVID and SOL issues

Greetings, I have received a few questions regarding COVID-19 claims that have been accepted as compensable as occupational disease claims, but no actual treatment is needed.  By one report, 85% of those testing positive have little to no symptoms, and no treatment.  Meaning the claimants don’t return to the doctor for MMI. (The CDC recommendations […]

COVID-19 and The OJCC

With the pandemic upon us it should be no surprise there has already been a direct impact to the Florida Workers’ Compensation System. Monitoring the OJCC Orders docket closely, I have collected Orders demonstrating how the OJCC has been dealing with the pandemic and associated considerations thus far. Here are just a few cliff notes of what […]

Briefly Speaking – FL Case Law Updates: Attorney Fee Issue (7/7/20)

ATTORNEY FEE ISSUE Carlton Dawson v. Dynamic Precision Group JCC Johnson: West Palm Beach                       Order Date: June 12, 2020 OJCC Case: 19-005502                                     JCC Order: Click Here Claimant’s Counsel: Michelle McGhee               E/C’s Counsel: Mike Kiner Hourly Fee […]

Morgan’s Tip of the Week – July Pitfalls

Greetings, hope everyone had a good 4th. Couple of pending pitfalls today and later this month: Today- look out for 1 time changes from late Thursday or over the weekend.  Review everything carefully, watch out for anything saying “an alternative physician” or simply “a physician per 440.13(2)(f)”.  I got one at 4:30 Thursday, after we […]

Morgan’s Tip of the Week – Litigation By the Numbers

Greetings, Before the numbers,  a few tidbits that came up already today: Testing- I am hearing of physicians requiring claimants to get tested for COVID before surgery.  We will likely have to pay for the test under surgical clearance, unless there are free testing sites.  I would argue against any treatment, even under hinderance to […]

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

Greetings, On May 29th, the 1st DCA issued a ruling in a case involving what satisfies a 1-time change request, and certified a question to the Florida Supreme Court on the matter.   The case is City of Bartow v. Flores, link attached. The facts are as follows: On 6/20/ 2017, the claimant requested a 1-time […]

Morgan’s Tip of the Week – Future TPD battles

Greetings, As businesses start to reopen and claimants start to return to their light duty or modified positions, I foresee some issues we will have to deal with from a WC perspective.   As always I recommend any light duty offers be in writing.  Even if there was a prior offer of light duty, reiterating a […]

Morgan’s Tip of the Week – Unemployment and Retro Offsets

Greetings, In Florida, Unemployment benefits are an offset to any TPD owed and a bar to TTD.  More than 1.2 million Floridians have filed for Unemployment since March 15.  That is a staggering number.  And what is worse, I am sure many of you have heard of the inability of the Unemployment website and  the DEO to […]