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Morgan’s Tip of the Week – 1-Time Change Nonsense Week

Greetings, Next week is the annual 1-time change shenanigans week due to the Thanksgiving holiday. The 1st DCA has repeatedly confirmed 5 calendar days means 5 calendar days, so any request faxed, emailed or received via mail by your office on Wednesday before 5 pm means you must respond before 5 pm Monday or we […]

Briefly Speaking – FL Attorney Fee Issue (11/15/2018)

Manuel Sainz v. ESI Group JCC Massey: Tampa District                              Order Date: October 1, 2018 OJCC Case:  15-007666                                      JCC Order: Click Here Claimant’s Counsel: Ivan D. Voronec                 E/C’s Counsel: David K. Beach Hourly Fee Awarded: $914.10 (via Stat-fee) Summary:  Claimant’s […]

Briefly Speaking – FL Case Law Summaries (11/12/18)

Ashline, Judith vs. Texican Inc. JCC Winn: Pensacola District                            Order Date: October 25, 2018 OJCC Case: 17-026985NSW                              Date of Accident: October 25, 2016 Claimant’s Counsel: J. Rod Cameron                E/C’s Counsel:  Tara L. Said JCC Order: Click Here Summary: Fraud/Misrepresentation – Claimant was on a work trip when she was involved in a […]

Morgan’s Tip of the Week – 2019 Fla WC Premium Rates Going Down

Greetings, According to the attached 11/2/18 order from the Office of Insurance Regulation, WC rates in Florida will be reduced by 13.8% for 2019.  (In 2015, rates had been down around 61% from the high rates of 2002, then we saw a 14% increase after Castellanos and Westphal, last year rates dropped by around 9%) […]

Briefly Speaking – FL Case Law Updates (11/7/18)

Osvaldo Reyes v. Eagle Doors, Inc. JCC Kerr: Miami District                                                           Order Date: 10/3/18 OJCC Case: # 18-008725MGK                                                   Date of Accident: 11/7/2017 Claimant’s Counsel:     Ricardo Morales                                  E/C’s Counsel:  Andrew Borah JCC Order: Click Here   Briefly: One time Change Summary:  Claimant suffered a compensable work injury and was receiving medical treatment. The Adjuster […]

Workers in the “Gig Economy”: Employees or Independent Contractors?

By: Kenny Bishop, Associate, Atlanta                 The “Gig Economy” describes forms of contingent work arrangements that require digital platforms.  This name has been given to task-driven jobs, like Uber, Lyft, Thumbtack, and apps for getting groceries. When a Gig Economy worker is injured while performing a task, questions arise regarding their employment status. Is the person […]

Injured Intern: Compensable?

By: Ben Chase, Associate, Orlando School is back in session, and I’m sure you know what that means: Intern Season (or, “SZN”), depending on your preference. Bringing on interns at your company is always an exciting time. The fresh faces at work and the interns’ excitement about their new opportunity, typically brings an invigorating and […]

Cloudy with a Chance of…Furballs? Implications of the Emotional Support Animal Ruling

By: Betsy Campo, Partner, Gainesville Your eyes are not deceiving you; the number of pets sporting “emotional support animal” vests has been on the rise. In fact, according to researchers from the University of California at Davis, there has been a tenfold increase in the use of emotional support animals for psychiatric services in recent […]

Morgan’s Tip of the Week – Evidence Standard Uncertainty

Greetings, Last week the Florida Supreme Court ruled that the Fla Legislature’s adoption of the Federal standard of admissibility of expert testimony, the Daubert standard, was unconstitutional.  HOWEVER, there is still uncertainty because the Fla WC system is Administrative law, under the Executive branch, so it may remain in WC.  It’s like a Schoolhouse Rock […]

Briefly Speaking – FL Case Law Updates (10/3/18)

Whiteside, John vs. Amazon.com DEDC, LLC JCC Arthur: Lakeland District                                     Order Date: September 17, 2018 OJCC Case: 17-026675RAA                              Date of Accident: 11/11/2016 Claimant’s Counsel:   Bradley G. Smith         E/C’s Counsel:  Michael R. Beane      JCC Order: Click Here Summary: Apportionment – Claimant suffered an injury to his right knee, sustaining a meniscal tear of […]