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Morgan’s Tip of the Week – Annual Visits for SOL Purposes

Greetings, I am often asked what can be done with the “old dog” claims where the claimant simply goes to the doctor once a year to keep the Statute of Limitations from expiring. There is a case that addresses the issue, but also a word of caution.  You have to look at the economics of […]

Morgan’s Tip of the Week – TPD Defenses

Greetings, Probably one of the most commonly litigated benefits is TPD after a claimant is terminated or quits.   In fact, I just had a trial on the issue (the good guys won). There are a few different scenarios: Claimant terminated for Misconduct–   If a claimant is terminated from post-injury light duty employment, their right to […]

Briefly Speaking – Case Law Updates (7/22/19)

Phillips, Patricia vs. Leon County Public Works & Preferred Government Claims Solutions & Mary Elizabeth Cruickshank First DCA Judges: Makar, Winokur, & Thomas    Order Date: 7/9/2019 JCC Lazzara: Tallahassee District                           Order Date: 10/15/2018 OJCC Case:   14-028030JLN                                               Date of Accident: 6/26/2012         Appellants Counsel:   Randall T. Porcher                 Appellee’s Counsel:  Mary Cruickshank […]

Briefly Speaking – Case Law Updates (7/17/19)

Addison Drywall/Bridgefield Employers Ins. v. Salvador Torres and CRB Contractors/Normandy Ins. JCC Owens: St. Lucie District                                                  Order Date: 5/13/2019 DCA#:1D18-2901                                                                      Date of Accident: 9/1/2017 E/C #1’s Counsel: William Rogner                                      Claimant’s Cousel: David Wiitala & E/C #2’s Counsel: George […]

Briefly Speaking – Attorney’s Fee Issue (7/12/19)

Debra Green v. BJs Wholesale JCC Ring: Fort Lauderdale District                  Order Date: June 14, 2019 OJCC Case: 18-021952                          JCC Order: Click Here Claimant’s Counsel: Bram Gechtman                E/C’s Counsel: Angel Garcia Hourly Fee Awarded: $250 per hour Summary: Claimant’s Counsel was successful in obtaining an upward adjustment in the Claimant’s average weekly wage. The JCC determined […]

Morgan’s Tip of the Week – Uncooperative Claimants

Greetings, I have had a few questions about denying a claim when a claimant has been uncooperative in a few different scenarios.  Most of the time, the statute does not allow for a full denial, but there are some remedies available to the Employer/Carrier. Claimant refuses to call you back to complete the 3-point contact […]

My Birthday Wish for WC

Greetings, thanks to my colleagues blasting on firm wide emails, social media and linkedin that it was my birthday last week, I received around 250 emails and texts, while I was trying to have a day off. (Please don’t send any now, I get it, you want to wish me a happy…blah, blah) But, you […]

Morgan’s Tip of the Week – When is Reasonable Reasonable?

Greetings, If a claimant refuses a light duty job offer, we do not have to pay TPD, unless the refusal was “justifiable.” 440.15 (6) EMPLOYEE REFUSES EMPLOYMENT.—If an injured employee refuses employment suitable to the capacity thereof, offered to or procured therefor, such employee shall not be entitled to any compensation at any time during the […]

The Virtue of Etiquette

By: Gina Case, Associate, Sarasota While I was visiting colleges during my senior year of high school, I clearly remember a quite unusual individual.  She must have been in her late 60’s with grey hair and a slender build.  But it wasn’t her age or looks that made her unusual.  Rather, it was her response […]

Firefighters Covered For 21 Kinds Of Cancer On July 1, 2019

By: Michael Arington, Associate, Jacksonville Under newly created Fla. Stat. 112.1816, firefighters will be covered for 21 types of cancer starting July 1, 2019. The new law also provides for a one time $25,000.00 payment upon the initial diagnosis along with a lifetime of benefits for the firefighter or death benefits for firefighter’s survivors. Although […]