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Morgan’s Tip of the Week – Breaking the Rules

Greetings, (Come hear me speak at a CEU with  Dr. Halperin in Lake Mary after work on 10/24, flyer attached) Nothing frustrates an employer more than a claimant that is injured while breaking or ignoring a rule.  In some instances there may be a defense or partial defense to the claim, and in other situations, […]

Morgan’s Tip of the Week – Lightning Injuries

Greetings,  Central Florida is the “lightning capital” of the US, and we have to deal with workplace injuries due to lightning strikes. Attached is a 1946 case,  Ft. Pierce Growers Ass_n v. Storey_ 158 Fla. 192, where the majority found that a lightning strike that injured a worker who was working outside arose out of his […]

Morgan’s Tip of the Week – Medical Non-Compliance

Greetings,  I have a had a few questions about claimant’s missing appointments and medical non-compliance. First, we can not charge a claimant for the no-show fees for authorized treatment.   However, for an IME we can charge ½ of the no-show fee if we gave the claimant timely notice of the appointment, and the claimant did […]

Tip of the Week- Tricks Of The Year

Greetings, I’m putting the finishing touches on a new CEU entitled “Poof! Ta da! Top 10 Claimant attorney tricks for 2019”.   Basically a list of the things that have burned us, and I thought I’d share one. (And on a lighter note, if you need a laugh, here is a link to our firm’s promotional […]

Morgan’s Tip of the Week – Marijuana Status

Greetings, A few of you have asked for a handout or summary of my talk with Dr. Frohwein at the WCI convention on Medical Marijuana, so I thought I would pass on a few takeaways.  (If you’d like the doctor and I to come present this CEU at your office, please let me know). 30 […]

Morgan’s Tip of the Week – Distance to Doctors

Greetings, Many claimant attorneys continue to fight us over the distance claimant’s have to travel for appointments.   See below for my past tip on the state of the law on distance. My partner in Tampa, Ya’Sheaka Campbell just won a JCC case on this issue.   The distance was 45 miles but the travel time was […]

Briefly Speaking – FL Case Law Updates (8/6/18)

Samuel Phillips v. Tyson Foods JCC Winn: Pensacola District                            Order Date: July 7, 2018 OJCC Case: 17-023047                                    Date of Accident: May 2, 1976 Claimant’s Counsel: Douglas H. Glicken            E/C’s Counsel:  Tara L. Said JCC Order: Click Here   Summary: Statute of Limitations – Claimant’s counsel filed PFB’s for medical care, ongoing PTD benefits, compensability […]

Briefly Speaking – FL Case Law Updates (7/31/18)

Lawrence P. Levin v. Spencer Gifts Holdings JCC Sojourner: Lakeland District                                   Opinion Date: July 5, 2018 OJCC Case: 11-029044                                                      Date of Accident: January 1, 2011 Claimant’s Trial Counsel: Matthew Valdes                    E/C’s Trial Counsel: Sean Crosby Claimant’s Appellate Counsel: Matthew Valdes            E/C’s Appellate Counsel: William Rogner JCC Order: Click Here                                                       […]

Morgan’s Tip of the Week – PTD Terms

Greetings, As our workforce ages in Florida, we will continue to see an increase in PTD claims.  (Here’s a link to two great studies on the workforce aging and population in Florida). http://edr.state.fl.us/Content/presentations/population-demographics/DemographicTrends_11-6-13.pdf https://datausa.io/profile/geo/florida/#intro  I often get questions about some of the terms and nuances of PTD.  Here are a few terms/issues I see most […]

Briefly Speaking – FL Attorney’s Fees Updates (7/5/18)

Carol Prokap v. PRP Wine International JCC Weiss: Ft. Myers District                            Order Date: June 1, 2018 OJCC Case: 13-029487                                      JCC Order: Click Here Claimant’s Counsel: Brian Sutter                      E/C’s Counsel: Thaddeus Harrell Hourly Fee Awarded: $300 per hour Summary: The Judge concluded that 70.45 hours were reasonably incurred in procuring the various benefits. […]