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Blog

Morgan’s Tip of the Week – TPD During COVID Layoff, AWW

Greetings, A JCC level case from a week ago caught my eye because it dealt with two issues that I am being asked about fairly frequently.  (JCC level cases are not “the law”, and they are not binding on other JCC’s, but are sometimes good indicators as to how other JCC’s may rule). In this […]

Morgan’s Tip of the Week – Temporary MMI

Greetings, I often get questions on what to do when a claimant’s unrelated personal health issues delay surgery or treatment.   Well the 1st DCA just affirmed a JCC decision on the issue (without a written DCA opinion) in Carter vs. Seminole Express (April 8, 2021).   In this case, the ER could not accommodate light […]

Florida’s 2021 COVID Lawsuit Limitation Law

  Wes Heim – Tampa wheim@eraclides.com   Just a few days ago Governor DeSantis signed Senate Bill 72 into law and, in doing so, created a robust shield against the anticipated onslaught of COVID-19 lawsuits within the State of Florida. Generally, the provisions of the law are assured to deflect all but the most egregious […]

Morgan’s Tip of the Week – Are you talkin’ to me?!??

Greetings, For some reason, over the last few weeks I have had quite a few questions regarding “fight” cases.  I guess everyone is on edge these days.   To be compensable, there are three questions to be asked: First, that the workplace was not merely the fortuitous site of the altercation. San Marco Co. v. Langford, […]

Briefly Speaking – Case Law Updates (3/11/21)

Edgardo Rossy v. W.S. Badcock Corporation and Commercial Risk Management, Inc. JCC Arthur: Lakeland District                                       Order Date: 2/12/2021 OJCC Case: # 20-012782                                               Date of Accident: 5/24/2020 , 6/29/2020 Claimant’s Counsel:     Pat T. DiCesare                         E/C Counsel: Juliana L. Curtis JCC Order: Click Here   Briefly: Intervening Accident, Arising out of/Course & Scope Summary:  The […]

Morgan’s Tip of the Week – Subsequent Intervening Stuff

Greetings, Especially since the onset of COVID, we have to deal with a number of different scenarios where a personal or unrelated condition interfered with treatment for the WC injury or light duty.  A few examples and solutions: Claimant unable to continue working LD because of unrelated personal health condition- you can suspend TPD as […]

Morgan’s Tip of the Week – Attendant Care, Looking Ahead

Greetings, one of the elements of the proposed $1.9 Trillion COVID relief bill that is being negotiated in Congress is an increase the in the Federal Minimum wage.   Rumor has it is that even if that gets stripped out it  of the relief package, it will be a bill on its own. In Florida, if […]

Black History Month

On behalf of the firm, the Diversity and Inclusion committee, would like to share with you some history about Black History Month and notable African Americans who have contributed to the legal profession in the very states that our firm serves. Black history month started more than 100 years ago in 1915 in Chicago, Illinois. […]

Morgan’s Tip of the Week – Late Reporting of COVID Claims

Greetings, I have had several questions about a claimant reporting an alleged work-related COVID-19 claim well beyond the usual 30 day mark.  While the WC statute says a claim must be reported within 30 days of when a claimant knows (or finds out from a doctor that it is work related), there is an exception […]

Morgan’s Tip of the Week – 120 Day Rule Backdoor Escape Hatch

Greetings, There has been a recent slew of cases addressing the 120 day rule, and estoppel arguments regarding the Employer/Carrier’s failure to deny part or all of a claim or injury. However, none of these cases had arguments or issues regarding the “backdoor” caveat to the 120 day rule.  If E/C doesn’t deny the accident […]