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Morgan’s Tip of the Week – Holiday Parties

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Greetings, Tis the season for holiday parties and functions, and inevitably,  holiday party claims.  If its an in-office event during the workday its likely going to be compensable.  The events offsite,  afterhours or when the workplace is closed are trickier. As a reminder, to be compensable, there are two things that both must apply: The […]

Morgan’s Tip of the Week – 2018 Max CR and PTD Supps Reminder

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Greetings, The Division of WC has announced: The maximum weekly compensation rate for work-related injuries and illnesses occurring on or after January 1, 2018 shall be shall be $917.00. By special request, a  refresher/reminder to increase the PTD supplemental benefits on any PTD claims where it is warranted effective 1/1/2018. For any dates of accident […]

Briefly Speaking – AL Case Law Update (11/28/17)

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Ex Parte West Fraser, Inc. (2017 WL 4081311 – Sept. 15, 2017) West Fraser petitions the court for a writ of mandamus directing the trial court to vacate its order finding in favor of Thomas on the issue of compensability.  The trial court determined that Thomas had not yet reached maximum medical improvement and should […]

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

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Greetings, today is the day we all have to be extra careful to scour everything that came in late Wednesday or over the weekend for 1-time change requests.  So far I only received one, a fax at 5:00 exactly on Tuesday, so it was actually a Wednesday request. As a refresher, we have 5 calendar […]

Morgan’s Tip of the Week – Constitutional Challenge

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  Greetings, A few tidbits this week:   1) Oral arguments being held tomorrow at the 1st DCA on whether the Maximum Compensation rate is constitutional in Bosch v. Miami Herald, OJCC# 16-008192.  The claimant’s AWW is $1,458.93, and 66 2/3% would be $972.62.  However, for this 2016 date of accident, benefits were paid per […]

Briefly Speaking – FL Case Law Updates (10/26/17)

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First DCA Decisions Rodney Puckett Jr. v. Vallencourt Construction JCC Humphries: Jacksonville District                 Opinion Date: October 10, 2017 OJCC Case: 13-018640                          Date of Accident: 06/14/2013 E/C’s Appellate Counsel: Kip Lassner & Daniel Schwarz E/C’s Trial Counsel: Kip Lassner & Thomas Portuallo Claimant’s Appellate Counsel:            Bill McCabe & Martin Leibowitz   Claimant’s Trial Counsel: Martin Leibowitz                    […]

Deposition “Foe-pas”: You Can’t Make This Up

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By: Betsy Campo, Partner, Gainesville   Ah…the claimant’s deposition–my favorite part of this job.  The claimant’s deposition is the opportunity when we get to meet the claimant in person and find out in their words how they got hurt, what they have been doing since the injury, and how their pain is currently.   Over 25 […]

Georgia: Pain Management Perspectives for Panel Physicians

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By: Michael Schurdell, MD, Rome, Georgia   Recently, I attended a workers’ compensation conference where there was a discussion regarding which physician specialties should be included on a company’s workers’ compensation panel. They specifically discussed the benefits of incorporating an interventional pain management physician on the panel of providers.  The reaction of many lead me […]

Bonuses and the Average Weekly Wage

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By: Chelsea Leonard, Associate, Orlando   A popular trend, in light of the Castellanos case in Florida which increased attorney fees for claimants’ counsel, is litigation over the Average Weekly Wage.  The slightest adjustment in the average weekly wage following litigation over the issue can lead to costly carrier paid attorney’s fees.   A recent JCC […]

Briefly Speaking – FL Case Law Updates (10/17/17)

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Alonzie Wiggins v. Personnel Staffing Group JCC Medina-Shore: Miami District                     Order Date: September 6, 2017 OJCC Case: 15-027193                                             JCC Order: Click Here Claimant’s Counsel: Erik Grindal                       E/C’s Counsel: Stephanie Robinson Hourly Fee Awarded: $350 per hour Summary: The Employer/Carrier stipulated to Claimant Counsel’s entitlement to an E/C paid fee for securing the following […]