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Briefly Speaking – Case Law Updates (4/17/19)

Marine Max, Inc. and Seabright Insurance v. Charles Blair JCC Beck: Sarasota District                                                     Order Date: 3/7/19 DCA#:1D17-3296                                                                      Date of Accident: 5/22/17 E/C’s Counsel: Robert Griffis                                         Claimant’s Counsel: E. Christiansen JCC Order: Click Here   1st DCA Order: Click Here                                                     Claimant’s App. Counsel: Kim Hill Briefly: Medical Benefits   Summary:  The claimant […]

Morgan’s Tip of the Week – Medical Marijuana JCC Decision

Greetings, We now have a JCC level decision addressing Medical Marijuana in the FL WC system.   The claimant injured his back in 2001, and had been in long term pain management for chronic pain.   Under the WC claim, his current medications where Lyrica and Tramadol.  The claimant advised his pain management doctor he wanted to […]

Morgan’s Tip of the Week – CBD Oil In WC

Greetings, I am starting to see questions more frequently about doctors certifying use of medical marijuana in Florida WC.  As far as I am aware, these requests are all being denied because it remains illegal at a Federal level. The question now is what about CBD oil. Cannabidiol is extracted from the flowers and buds […]

Professional Athletes And The Exception To Workers’ Compensation

By: Robert Laur, Associate, Sarasota Known for being predominately Claimant protective, Florida Legislators took a step in an unexpected direction in 2011 when they excluded certain dangerous professions from Workers’ Compensation coverage. In 2011, Section 440.02(17)(c)(3) was signed into law, which excludes professional athletes and race car drivers from coverage. Just three years later, in […]

Death: The Final Benefit

By: Michael Casto, Associate, Orlando In fairy-tales and movies, chimney sweeps always wear top hats and tails, and they are covered in soot.  This is not a fairy-tale or Mary Poppins, however, but rather workers’ compensation and real chimney sweeps.  Picture, if you will, Jordan Sean, a 57-year-old employee of Chimney Sweeps, Inc.  Picture Mr. […]

Social Security Offsets in Tennessee Workers’ Compensation

By: Lauren Ray Hall, Associate, Tennessee I recently handled a claim involving Social Security benefits in a Tennessee workers’ compensation case that, while unusual, raises an interesting question regarding a potential offset. In this case, the employee settled the Permanent Partial Disability (“PPD”) portion of his workers’ compensation claim and, after failing to return to […]

GA Legislative Update

  Upcoming Changes To Georgia Workers’ Compensation Laws: A Quick Summary By: Dan Cauley, Associate, Atlanta The Georgia Legislature is in the process of passing a law which would provide some changes to a claimant’s entitlement to certain workers’ compensation benefits, and although it is currently pending approval, it reportedly has a very strong chance […]

Morgan’s Tip of the Week – Reporting Claims

Greetings, I have had a few clients lately ask me if a claim should be reported and denied or should it just be a “record only”.  See below for what must be reported..and penalties and for not doing so.  This is from our CEU, Tips on Handling the Late Reported Claim if you would like […]

Briefly Speaking – Case Law Updates (3/12/19)

Swilley, Stephanie vs. Dillards, Inc. JCC Holley: Jacksonville District                     Order Date: 2/28/2019 OJCC Case:   11-024583WRH                      Date of Accident: 9/10/2010                         12-002849WRH                                                     1/7/2012 Claimant’s Counsel:  John Rahaim II       E/C’s Counsel:  Thomas Portuallo JCC Order: Click Here Briefly: Permanent Impairment Benefits    Summary:  Claimant was placed at MMI “from a […]

Morgan’s Tip of the Week – Fla WC Legislative Update

Greetings, There is a lot of noise starting to build in the industry about what the FL Legislature may do with WC this session.  Right now there are two main bills, one in the House (HB 1399) and one in the Senate (SB 1636).   There is no guarantee either will pass, and if so, no […]