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Briefly Speaking – Case Law Summaries (1/21/19)

William R. Kogler v. City of Palm Coast and FL League of Cities/Work Comp Claims Department JCC Anderson: Daytona Beach District                                    Order Date: 12/27/18  OJCC Case: # 18-005944                                                           Date of Accident: 6/5/17 Claimant’s Counsel:     Darren Coleman & Roman Diveev       E/C’s Counsel:  Sean S. O’Connor JCC Order: Click Here   Briefly: 120 Day pay and […]

Morgan’s Tip of the Week – Ping Pong

Greetings, “Burden of proof” is one of those legal terms we defense attorneys throw around, but I have had the issue come up recently on compensability questions so thought it would make a good tip. Basically, it means who has to prove what.  Think of the game of ping pong…if you have the ball, you […]

Briefly Speaking – Attorney Fee Issue (1/14/19)

Brian Phillips v. J.H. Williams Oil JCC Beck: Sarasota District                               Order Date: December 4, 2018 OJCC Case: 15-006114                               JCC Order: Click Here Claimant’s Counsel: Rosemary B. Eure E/C’s Counsel: Mitchell R. Golden Hourly Fee Awarded: $250 per hour Summary: Employer/Carrier contended no attorney’s fees were due because […]

Morgan’s Tip of the Week – Medical Necessity Defense

Greetings and welcome to 2019, In the last week I have had the “3-day” and “10-day” rule argued in two cases, so here is a refresher. Under 440.13(3)(d) and (i), the carrier has to “respond” to a written request from the authorized provider in 3 days (if the treatment costs less than $1,000) or 10 […]

Injuries Suffered at Holiday Parties

By: Mallorie Milord, Associate, Miami The holiday season is always a time that brings people in the workplace together. Whether your office is hosting a potluck holiday party at the office, at a co-worker’s house, or at a nice restaurant, it’s bound to be a good time. The last thing on anyone’s mind is an […]

I Thought We Were On A Break?

By: Kenny Bishop, Associate, Atlanta Generally speaking, a Georgia Workers’ Compensation injury is compensable when an employee is injured while engaged in reasonable ingress or egress, and an injury is not compensable when an employee is injured while on a scheduled break. But what happens if an employee is injured while reasonably coming or going […]

‘Tis the Season…al Employee

By: Chelsea England Leonard, Associate, Orlando As the holiday season heats up, a parallel surge of hiring seasonal staff may have already reached its boiling point. ‘Tis the season of the seasonal employee.   The emergence of the seasonal employee brings with it the age-old question: what happens to Kenny, the liberal arts college student who […]

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 […]