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My Birthday Wish for WC

Greetings, thanks to my colleagues blasting on firm wide emails, social media and linkedin that it was my birthday last week, I received around 250 emails and texts, while I was trying to have a day off. (Please don’t send any now, I get it, you want to wish me a happy…blah, blah) But, you […]

Morgan’s Tip of the Week – When is Reasonable Reasonable?

Greetings, If a claimant refuses a light duty job offer, we do not have to pay TPD, unless the refusal was “justifiable.” 440.15 (6) EMPLOYEE REFUSES EMPLOYMENT.—If an injured employee refuses employment suitable to the capacity thereof, offered to or procured therefor, such employee shall not be entitled to any compensation at any time during the […]

The Virtue of Etiquette

By: Gina Case, Associate, Sarasota While I was visiting colleges during my senior year of high school, I clearly remember a quite unusual individual.  She must have been in her late 60’s with grey hair and a slender build.  But it wasn’t her age or looks that made her unusual.  Rather, it was her response […]

Firefighters Covered For 21 Kinds Of Cancer On July 1, 2019

By: Michael Arington, Associate, Jacksonville Under newly created Fla. Stat. 112.1816, firefighters will be covered for 21 types of cancer starting July 1, 2019. The new law also provides for a one time $25,000.00 payment upon the initial diagnosis along with a lifetime of benefits for the firefighter or death benefits for firefighter’s survivors. Although […]

Morgan’s Tip of the Week – Company Vehicles

Greetings, in the last few weeks I have had several questions about company vehicles and the impact on compensability. Normally, an employee’s trip to and from work is not compensable under the Going or Coming rule.  There are exceptions of course for Traveling Employees, Special Errands, etc…and there is also an exception for transportation that […]

Briefly Speaking – Case Law Updates (5/8/19)

Falk, Kurt vs. Harris Corporation First DCA Judges: Lewis, Winsor, Thomas           Order Date: 4/11/2019 JCC Dietz: Sebastian/Melbourne District               Order Date: 5/10/2018 OJCC Case:   13-028933RLD                                       Date of Accident: 11/12/2011       Appellants Counsel:   Brigitta […]

Greetings, There is some understandable confusion as to when a claimant is entitled to “prevailing party” costs for filing a Petition for Benefits.  The Jennings case (below) was the when the 1st DCA separated entitlement to costs from entitlement to attorney fees. In essence, the DCA stated that although fees are not due if a […]

Medical Necessity – 3 day or 10 day rule?

By: Kristofer Vander Pyl, Associate, Orlando To be compensable, the Florida Statute 440 requires the treatment, device, or aid be medically necessary. When it comes to the authorization of medical care, we only have two avenues of denial: 1) the major contributing cause of the initial or continued need for treatment is not the industrial […]

The Psychology of Pain and Marijuana Treatment in the Context of Workers’ Compensation – What’s Next for Florida Claims?

By: Marian Greer, Associate, Sarasota On a national level, there are claimant-friendly changes underway. According to industry commentators, trends toward lowering the cost of care, political changes in many states, and a more holistic view of injuries may impact the industry. Here in the Sunshine State, continued developments in what might be called “liberal” judicial […]

You down with CBD? (Yeah you know me!)

By: Sabrina Persuad, Associate, Tampa Cannabidiol, better known as “CBD”, is becoming increasingly popular and generating quite the buzz. In fact, Naughty by Nature called and changed the lyrics to their 1991 hit “O.P.P.” to “CBD”. I’m kidding. CBD is a naturally occurring substance found in the bud and flowers of the cannabis plant, including […]