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Morgan’s Tip of the Week – FL COVID WC Stats

Greetings, the Florida Division of Workers’ Comp just put out a report summarizing the data from the COVID-19 claims through August 31.   A link to the full report is below.  My colleague We Heim in our Tampa office will be doing a deeper dive in an upcoming article, but here are a few things that […]

Morgan’s Tip of the Week – Discovery Delays

Greetings, One of the impacts of the Coronavirus on litigation is the delay on the ability to do the level of discovery that is really essential in defeating or driving down the value in WC claims.  Getting our arms around a claimant’s past medical history, prior accidents, income, preexisting conditions, etc…are key components to our […]

Morgan’s Tip of the Week – More Florida UE Changes Coming

Greetings, last week, Florida announced it will apply to  participate in the Federal Lost Wages Assistance Program created by the President’s Executive Order.   The CARES Act additional $600 in unemployment benefits expired on 7/31, and mostly everyone on unemployment has been receiving the Florida  $275 a week maximum since then. Florida opting to participate in […]

Briefly Speaking – Case Law Updates (8/31/20)

Mary Thompson v. Escambia County School Board First DCA Judges: Lewis, Roberts, and Makar         Order date:  8/17/2020 JCC Winn:   Pensacola District                                     Order date:   10/11/2019   OJCC Case:   18-008411NSW                                           Date of Accident:    12/7/2017 Appellant’s Counsel:   Michael J. Winer                     Appellee’s Counsel:   Joseph L. Hammons Appellate Order:  Click Here Briefly:  IME/authorization […]

Morgan’s Tip of the Week – 2 + 2 Isn’t Always 4

Greetings, this is true not only of how things go in 2020, but also in calculating Florida Impairment ratings. For Impairment ratings, Florida physicians are supposed to use the 1996 Florida Uniform Permanent Impairment Rating Schedule (or FUPIRS for short*).  The guide has a chart on pages 116-117  for combining multiple body parts, and 2 […]

Briefly Speaking – Case Law Updates (8/24/20)

Ivan Lopez v. Girl Scouts of Citrus Council, Inc. JCC Sojourner:   Orlando District                        Order date:   7/16/2020      OJCC Case:   19-015951MES                              Date of Accident:    3/28/2018 Pro Se Claimant:   Ivan Lopez                              E/C’s Counsel:   Morgan A. Indek JCC Order:  Click Here Briefly:  Compensability  Summary:    The pro se Claimant sought compensability of […]

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 […]