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Morgan’s Tip of the Week – Do You Smell Something?

Greetings, one of the most frequent questions I get is about exposure-type claims.  When the statute was amended in 2003, the Fla. Legislature intentionally created a higher burden for a claimant to prove an exposure claim. (Note an Exposure claim is different than an Occupational Disease claim under 440.151.   An Occupational Disease is if there […]

Major Proposed Reform to the Alabama Workers’ Compensation Act

Matt Williams, Partner, Birmingham Holiday greetings! Below is a report from the Executive Director of a Task force formed to make recommendations regarding sweeping changes to the Workers’ Compensation Act: Members of the Task Force were evenly divided between defense lawyers and plaintiffs’ lawyers. In addition, there were lawyers who were counsel for group funds, […]

A Three Course Thanksgiving Feast of Florida Thanksgiving Themed Caselaw

Sean Jordan, Associate, Orlando The poor doomed turkey is often the theme of Thanksgiving tables. In addition to ending up as the main course, you may find turkeys on decorations, platters, paper napkins, and more. Not often, though, do you get to see “Tom the Turkey” featured in Florida Workers’ Compensation case law.  In honor […]

Thanks Food

Sean Callahan, Associate, Orlando Fall is upon us! Technically… As many of you know, here in Florida we are generally deprived of many of the environmental changes experienced by our northern brethren (looking at you EG Nashville office).  Rather than a transformation of our landscapes to a sea of reds, yellows, and oranges, Florida’s autumn […]

You Didn’t Have to Buy the Farm!

David Drill, Partner, Jacksonville We have all heard the expression “You bought the farm,” which means that you unwittingly made a purchase of something you did not want or had no intention to buy. Buying the farm in the workers’ compensation setting means you have unintentionally accepted compensability of an injury, condition, or procedure through […]

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 […]