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Morgan’s Tip of the Week – Counting to 30

Greetings, Last week, the 1st DCA addressed the issue of the counting of 30 days after a PFB is filed for purpose of claimant attorney fee entitlement in Zenith v. Barrizonte-Cruz (Click Here). Under 440.34(3), a claimant’s attorney is not entitled to a carrier-paid fee for providing benefits untimely “until 30 days after the date […]

Briefly Speaking – Case Law Updates (2/3/20)

School District of Indian River County/Ascension Benefits v. Edward Cruce, deceased First DCA Judges: Thomas, Ray, Wolf                Order date: 11/27/2019 JCC Dietz: Sebastian/Melbourne District          Order date: 7/21/2017 OJCC Case: 16-021570RLD                              […]

Morgan’s Tip of the Week – S. Florida WC

Greetings, Everyone has always anecdotally known that S. Florida is more litigious, but I have never seen any true analysis of the situation. The few cases I have handled over the years down there certainly have attested to a very different environment. It got me to thinking that we do have actual statistics by venue […]

Morgan’s Tip of the Week – Surprise Attorney Fees

Greetings, one of the more frustrating aspects of the current WC law is a “later-proved benefit”, thus resulting in claimant attorney fees. For example, the claimant files a PFB for TPD. The adjuster denies it because there is no lost wages. Then at some later point, while the PFB is still pending, TPD becomes due, […]

Morgan’s Tip of the Week – PTD Supps. Reminder

Greetings, and happy new year!  I want to thank everyone for the support you have given me and the firm over the past year, and we look forward to continuing to serve you in 2020 and beyond! Just a housekeeping reminder on PTD supplemental benefits as the calendar flips. For dates of accident 10/1/2003 to […]

Briefly Speaking – Case Law Updates (12/31/19)

Michelle Willis v. City of Ormond Beach Police Dept. and Relation Insurance Services of Florida JCC Anderson: Daytona Beach District                                    Order Date: 10/11/2019 OJCC# 19-004548                                                                      Date of Accident: 4/28/2015 E/C Counsel: George Helm                                                      Claimant’s Counsel: Jon E. Benzette                              JCC Order: Click Here                        […]

Morgan’s Tip of the Week – Holiday Party Accidents

Greetings, Tis the season for holiday parties and functions, and inevitably,  holiday party claims.  And as if on cue, the 1st DCA  issued a ruling in Reynolds v. Anixter Power Solutions last week (link below).  As a reminder, to be compensable, there are two requirements : The event must be mandatory; and The event has […]

Morgan’s Tip of the Week – Annual WC Stats

Greetings, DOAH just put out its annual report, a 300 page analysis of the Fla WC litigation system.  The report is instructive not only on how the last year has trended but also the longer term impact of the Castellanos case and claimant attorney hourly fees.  This measures the claims from 7/1/2018-6/30/2019. Here are a […]

Morgan’s Tip of the Week- 2020 Max Comp Rate

Greetings, a few things: Today is 1-time change clean-up day.  Be sure to scan everything from the claimant or their attorney that came in Wednesday or over the weekend.   Look out for anything citing 440.13(2)(f), an “alternative” doctor, etc…We must respond by 4:59 pm today to any Wednesday requests with the name of the doctor […]

This Thanksgiving I am Thankful for the New PMTb in Georgia

By Kenny Bishop, Associate, Atlanta Prior to the establishment of the PMTb, the Petition for Medical Treatment (hereinafter PMT), took effect on July 1, 2017 as a tool Claimants could use to expedite medical treatment or testing requested by an authorized medical provider.  If a PMT is filed, a telephonic conference will be scheduled no […]