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Morgan’s Tip of the Week – DOAH Annual Stats

Greetings, DOAH has published their annual report for fiscal year 2017-2018 (July 1-June 30).  The link is attached but do not hit print unless you want 297 pages. Overall, the number of new litigated files is down slightly from the last year, 30,470, down 2.7%.  This is consistent with the NCCI WC rate reduction due […]

Briefly Speaking – FL Case Law Summaries (12/10/18)

Stephanee Rose vs. Universal Health Services, Inc./Wekiva Springs Hotel JCC Humphries: Jacksonville District                 Order Date: November 19, 2018 OJCC Case: 18-010754RJH                                Date of Accident:  March 8, 2018 Claimant’s Counsel: Damon Pichoff                   E/C’s Counsel:  Michael C. Crumpler JCC Order: Click Here Briefly: Compensability (Going and Coming) Summary:  Claimant sustained an injury […]

Briefly Speaking – FL Case Law Summaries (12/7/18)

Robert W. Caszatt v. Polk Air Conditioning Inc. and Bridgefield, Retailfirst JCC Rosen: St. Petersburg District                     Order Date: 11/5/2018 OJCC Case: 12-001739SLR                               Date of Accident: 5/6/2011 Claimant’s Counsel: Bradley Smith                   E/C’s Counsel:  Bruno DeZayas JCC Order: Click Here   Briefly: Medical Benefits Summary:  The claimant suffered a compensable workplace accident in which he claimed […]

Morgan’s Tip of the Week – Do You Smell Something?

Greetings, one of the most frequent questions I get is about exposure-type claims.  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 claim is different than an Occupational Disease claim under 440.151.   An Occupational Disease is if there […]

Major Proposed Reform to the Alabama Workers’ Compensation Act

Matt Williams, Partner, Birmingham Holiday greetings! Below is a report from the Executive Director of a Task force formed to make recommendations regarding sweeping changes to the Workers’ Compensation Act: Members of the Task Force were evenly divided between defense lawyers and plaintiffs’ lawyers. In addition, there were lawyers who were counsel for group funds, […]

A Three Course Thanksgiving Feast of Florida Thanksgiving Themed Caselaw

Sean Jordan, Associate, Orlando The poor doomed turkey is often the theme of Thanksgiving tables. In addition to ending up as the main course, you may find turkeys on decorations, platters, paper napkins, and more. Not often, though, do you get to see “Tom the Turkey” featured in Florida Workers’ Compensation case law.  In honor […]

Thanks Food

Sean Callahan, Associate, Orlando Fall is upon us! Technically… As many of you know, here in Florida we are generally deprived of many of the environmental changes experienced by our northern brethren (looking at you EG Nashville office).  Rather than a transformation of our landscapes to a sea of reds, yellows, and oranges, Florida’s autumn […]

You Didn’t Have to Buy the Farm!

David Drill, Partner, Jacksonville We have all heard the expression “You bought the farm,” which means that you unwittingly made a purchase of something you did not want or had no intention to buy. Buying the farm in the workers’ compensation setting means you have unintentionally accepted compensability of an injury, condition, or procedure through […]

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

Greetings, Next week is the annual 1-time change shenanigans week due to the Thanksgiving holiday. The 1st DCA has repeatedly confirmed 5 calendar days means 5 calendar days, so any request faxed, emailed or received via mail by your office on Wednesday before 5 pm means you must respond before 5 pm Monday or we […]

Briefly Speaking – FL Attorney Fee Issue (11/15/2018)

Manuel Sainz v. ESI Group JCC Massey: Tampa District                              Order Date: October 1, 2018 OJCC Case:  15-007666                                      JCC Order: Click Here Claimant’s Counsel: Ivan D. Voronec                 E/C’s Counsel: David K. Beach Hourly Fee Awarded: $914.10 (via Stat-fee) Summary:  Claimant’s […]