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Morgan’s Tip of the Week – Subro Liens

Greetings, Subrogation is one of the more frustrating and intricate aspects of Fla WC law.   In essence, the idea is that a claimant should not be able to “double-dip” and collect money from a liability lawsuit and a WC claim for the same things, like medical benefits and lost wages. A few basics…there has to […]

Briefly Speaking – Attorney Fees Issue (8/7/19)

Grisel Hernandez Garcia v. Napa Auto Parts JCC Jacobs: Miami District                          Order Date: July 11, 2019 OJCC Case: 17-022286                         JCC Order: Click Here Claimant’s Counsel: James Payer                     E/C’s Counsel: Kurt Wirsing Hourly Fee Awarded: $335 per hour (based upon a statutory fee) Summary: Claimant’s counsel had a valid Miles fee agreement with the claimant. The […]

Do Undocumented Workers Have Rights Under Workers’ Compensation?

By: Sean Callahan, Partner, Orlando According to the Pew Research Center, unauthorized immigrants made up 4.8% of the U.S. labor force in 2016, a decline since their peak of 5.4% in 2007. However, Florida had 5.6% (again, from 2016), which is obviously above the national average. Florida’s top industries for unauthorized immigrants include construction and […]

Treat Yo’ Self – Self-Help in FL Workers’ Comp.

By: Wes Heim, Associate, Tampa When treatment is denied in a pending comp. claim, an injured worker may be permitted to seek initial treatment at the expense of the Employer under Fla. Stat. 440.13(2)(c) (2003). The initial burden to the Claimant is to demonstrate a request for initial treatment/care and that a reasonable period of […]

New Texting (And Reading) While Driving Ban In Florida Began July 1

By: Chelsea England Leonard, Associate, Orlando Put that phone down! Answering emails, checking the headlines, and looking at dog memes while behind the wheel now comes with new consequences. A new, stricter law has gone into effect in Florida on July 1, 2019, banning texting while driving. Florida is on the tail end of states […]

Morgan’s Tip of the Week – Annual Visits for SOL Purposes

Greetings, I am often asked what can be done with the “old dog” claims where the claimant simply goes to the doctor once a year to keep the Statute of Limitations from expiring. There is a case that addresses the issue, but also a word of caution.  You have to look at the economics of […]

Morgan’s Tip of the Week – TPD Defenses

Greetings, Probably one of the most commonly litigated benefits is TPD after a claimant is terminated or quits.   In fact, I just had a trial on the issue (the good guys won). There are a few different scenarios: Claimant terminated for Misconduct–   If a claimant is terminated from post-injury light duty employment, their right to […]

Briefly Speaking – Case Law Updates (7/22/19)

Phillips, Patricia vs. Leon County Public Works & Preferred Government Claims Solutions & Mary Elizabeth Cruickshank First DCA Judges: Makar, Winokur, & Thomas    Order Date: 7/9/2019 JCC Lazzara: Tallahassee District                           Order Date: 10/15/2018 OJCC Case:   14-028030JLN                                               Date of Accident: 6/26/2012         Appellants Counsel:   Randall T. Porcher                 Appellee’s Counsel:  Mary Cruickshank […]

Briefly Speaking – Case Law Updates (7/17/19)

Addison Drywall/Bridgefield Employers Ins. v. Salvador Torres and CRB Contractors/Normandy Ins. JCC Owens: St. Lucie District                                                  Order Date: 5/13/2019 DCA#:1D18-2901                                                                      Date of Accident: 9/1/2017 E/C #1’s Counsel: William Rogner                                      Claimant’s Cousel: David Wiitala & E/C #2’s Counsel: George […]

Briefly Speaking – Attorney’s Fee Issue (7/12/19)

Debra Green v. BJs Wholesale JCC Ring: Fort Lauderdale District                  Order Date: June 14, 2019 OJCC Case: 18-021952                          JCC Order: Click Here Claimant’s Counsel: Bram Gechtman                E/C’s Counsel: Angel Garcia Hourly Fee Awarded: $250 per hour Summary: Claimant’s Counsel was successful in obtaining an upward adjustment in the Claimant’s average weekly wage. The JCC determined […]