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Greetings, There is some understandable confusion as to when a claimant is entitled to “prevailing party” costs for filing a Petition for Benefits.  The Jennings case (below) was the when the 1st DCA separated entitlement to costs from entitlement to attorney fees. In essence, the DCA stated that although fees are not due if a […]

Medical Necessity – 3 day or 10 day rule?

By: Kristofer Vander Pyl, Associate, Orlando To be compensable, the Florida Statute 440 requires the treatment, device, or aid be medically necessary. When it comes to the authorization of medical care, we only have two avenues of denial: 1) the major contributing cause of the initial or continued need for treatment is not the industrial […]

The Psychology of Pain and Marijuana Treatment in the Context of Workers’ Compensation – What’s Next for Florida Claims?

By: Marian Greer, Associate, Sarasota On a national level, there are claimant-friendly changes underway. According to industry commentators, trends toward lowering the cost of care, political changes in many states, and a more holistic view of injuries may impact the industry. Here in the Sunshine State, continued developments in what might be called “liberal” judicial […]

You down with CBD? (Yeah you know me!)

By: Sabrina Persuad, Associate, Tampa Cannabidiol, better known as “CBD”, is becoming increasingly popular and generating quite the buzz. In fact, Naughty by Nature called and changed the lyrics to their 1991 hit “O.P.P.” to “CBD”. I’m kidding. CBD is a naturally occurring substance found in the bud and flowers of the cannabis plant, including […]

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 […]