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Morgan’s Tip of the Week – Impairment Benefits

Greetings, lately I have received a few questions about impairment benefits (AKA permanent impairment benefits, IB’s or PIB’s). When are they due?   Per 440.15(3)(a) they first payment is due 14 (calendar) days after the carrier has knowledge of the rating.  So the clock starts when you receive the rating from the provider (date stamped at […]

Georgia’s Petition for Medical Treatment – Expansion to Cover Employer’s Request to Compel Attendance at Medical Examination

By:  Trisha Holland Lindsay, Associate, Georgia   On September 1, 2019, the Georgia State Board’s revised 2019 Board Rules went into effect.  The new Rules include a new process allowing Employers and Insurers to request a Teleconference to compel the Claimant to attend medical examinations using the same process recently created to allow Claimants to […]

New Georiga Case Law Clarifying the Intersection of the “Lunch Break Defense” and the “Ingress and Egress Doctrine:”

By: Zachary Kunz, Associate, Georgia   In Georgia, we know that employees who are hurt during a “regularly scheduled break” are generally not compensable. Wilkie v. Travelers Ins. Co., 124 Ga. App. 714 (1971). The so called “Lunch Break Defense” applies even if the injury occurs “within working hours and on the employer’s premises.”  An […]

While Claims May Make You Cringe and Scream, May Luck Be Yours on Halloween!

By: Betsy Campo, Partner, Gainesville   The date was October, 1991.  After the first few stressful weeks of my third year of law school, I was looking forward to the annual “Come Dressed as Your Favorite Tort Case or Television Character” Halloween party hosted by some 3Ls.  My friend Troy and I sported khaki pants, […]

TPD Entitlement After Termination?

By: James Colquitt, Associate, Orlando   A common source of confusion is entitlement to TPD benefits after a claimant is terminated. It is no surprise that this is a frequently litigated issue. With regards to the burden to establish a causal connection between a claimant’s compensable injury and subsequent wage loss, the test used to […]

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 […]