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Briefly Speaking – FL Case Law Update (1/19/18)

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Edward Webb v. Quality Stone JCC Clark: Ft. Myers District                              Order Date: January 2, 2018 OJCC Case: 16-023827                                       Date of Accident: November 4, 2013 Claimant’s Counsel: Bill B. Berke                    E/C’s Counsel: Daniel R. Goodman JCC Order: Click […]

Briefly Speaking – FL Case Law Update (1/17/18)

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December 2017 Attorney Fee Orders       Keisa Pickron-Rudd v. Progressive Employer Management Co. JCC Walker: Panama City District                                  Order Date: December 1, 2017 OJCC Case: 16-023812                                                     JCC Order: Click Here Claimant’s Counsel: Christopher R. Cumberland     E/C’s Counsel: Matthew W. Bennett Hourly Fee Awarded: $275 per hour Summary: Judge Walker meticulously […]

Morgan’s Tip of the Week – Settling Claims

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Greetings, Despite the return of hourly claimant’s attorney fees, it seems that adjusters are still able to settle some claims directly with the claimant or even the claimant’s attorney.  While that is great, we have to make sure all the details are hammered out at the time of the settlement being agreed to…or they are […]

Morgan’s Tip of the Week – Change in Pot Policy

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Greetings, As you well know, Florida legalized the medical use of marijuana last year, joining over 30 states that have some form of medical, if not complete recreational, use laws.   At a Federal level, marijuana remains illegal as a controlled substance, even for medical use.  In 2009, 2011, 2013 and 2014, the U.S. Justice Dept […]

Morgan’s Tip of the Week – DOAH Annual Report Stats

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Greetings, DOAH has put out their annual report on WC litigation  (Fiscal year July 2016-June 2017), and it’s a nerdy treasure of statistics and reports.  This is the first full year of data since the Castellanos decision (April 2016) removing the cap on claimant’s attorneys fees.   I’ve attached the link, it’s 230 pages so […]

Briefly Speaking – FL Case Law Summaries

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By:                    Ryan M. Knight – Miami Contributor:   Tara Said – Pensacola To receive daily e-mails with case law summaries, please email esantos@eralcides.com JCC ORDERS   Neal Gonzalez v. Pat Salmon & Sons of Florida JCC Holley: Jacksonville District                                    Order Date: December 15, 2017 OJCC Case: 16-015387                                                        Date of Accident: 4/23/16 Claimant’s Counsel: Michael D. […]

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 […]