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Morgan’s Tip of the Week – PFB Trends

Greetings, hope everyone is doing well. Litigation is slowly starting to increase back to pre-pandemic levels, and so is the flood of PFB’s.   Since April, the number of new litigated WC claims in Florida is down 13% compared to 2019.  However, since September its only down 7%, so the numbers are increasing.  Along with that […]

Morgan’s Tip of the Week – MCC and Specific Diagnosis

Greetings, the 1st DCA issued a ruling last week clarifying-ish Major Contributing Cause and the 120 day rule in Sanchez v. Yellow Transport, 1D19-4231. The crux of the case was the E/C had authorized treatment over the years for the “lumbar spine”, and had never delineated that they were accepting a lumbar strain or any […]

COVID-19 And The OJCC: Revisited

      COVID-19 & THE OJCC REVISITED An update on the pandemic and its ongoing impact in the Florida Workers’ Compensation system.          By: Wes Heim – Tampa Just a few months ago we took a look at how the OJCC had been affected by the pandemic (link to my prior article here!). As […]

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 […]