envelope-o user map-marker phone twitter facebook caret-down caret-up caret-left caret-right envelope linkedin mobile fax


FS 440.13(2)(a) and the Right to Select Authorized Physicians

gazette thumbnail 3

By Sean M. Jordan, Associate, Orlando An authorized treating physician will often refer a claimant to a specialist (e.g. orthopedist, neurologist) and name a specific physician (e.g., Dr. Smith). When this occrus, the employer/carrier must determine whether they have to authorize the named physician, Dr. Smith, or whether they can utilize their statutory right to […]

Morgan’s Tip of the Week – Recorded Statement Wish List

Morgan'sTip thumbnail

Greetings, I have the pleasure of reviewing my new files over the weekend, so I usually get to read a few initial/recorded statements.  And I know in all practicality, adjusters are pressed for time, but in general there are a few things I wish would be consistently asked in all recorded statements: Confirmation of competence […]

Briefly Speaking – FL Case Law Update (1/19/18)

TUMBNAIL - Briefly Speaking 150

Edward Webb v. Quality Stone JCC Clark: Ft. Myers District                              Order Date: January 2, 2018 OJCC Case: 16-023827                                       Date of Accident: November 4, 2013 Claimant’s Counsel: Bill B. Berke                    E/C’s Counsel: Daniel R. Goodman JCC Order: Click […]

Briefly Speaking – FL Case Law Update (1/17/18)

TUMBNAIL - Briefly Speaking 150

December 2017 Attorney Fee Orders       Keisa Pickron-Rudd v. Progressive Employer Management Co. JCC Walker: Panama City District                                  Order Date: December 1, 2017 OJCC Case: 16-023812                                                     JCC Order: Click Here Claimant’s Counsel: Christopher R. Cumberland     E/C’s Counsel: Matthew W. Bennett Hourly Fee Awarded: $275 per hour Summary: Judge Walker meticulously […]

Morgan’s Tip of the Week – Settling Claims

Morgan'sTip thumbnail

Greetings, Despite the return of hourly claimant’s attorney fees, it seems that adjusters are still able to settle some claims directly with the claimant or even the claimant’s attorney.  While that is great, we have to make sure all the details are hammered out at the time of the settlement being agreed to…or they are […]

Morgan’s Tip of the Week – Change in Pot Policy

Morgan'sTip thumbnail

Greetings, As you well know, Florida legalized the medical use of marijuana last year, joining over 30 states that have some form of medical, if not complete recreational, use laws.   At a Federal level, marijuana remains illegal as a controlled substance, even for medical use.  In 2009, 2011, 2013 and 2014, the U.S. Justice Dept […]

Morgan’s Tip of the Week – DOAH Annual Report Stats

Morgan'sTip thumbnail

Greetings, DOAH has put out their annual report on WC litigation  (Fiscal year July 2016-June 2017), and it’s a nerdy treasure of statistics and reports.  This is the first full year of data since the Castellanos decision (April 2016) removing the cap on claimant’s attorneys fees.   I’ve attached the link, it’s 230 pages so […]

Briefly Speaking – FL Case Law Summaries

TUMBNAIL - Briefly Speaking 150

By:                    Ryan M. Knight – Miami Contributor:   Tara Said – Pensacola To receive daily e-mails with case law summaries, please email esantos@eralcides.com JCC ORDERS   Neal Gonzalez v. Pat Salmon & Sons of Florida JCC Holley: Jacksonville District                                    Order Date: December 15, 2017 OJCC Case: 16-015387                                                        Date of Accident: 4/23/16 Claimant’s Counsel: Michael D. […]

Morgan’s Tip of the Week – Holiday Parties

Morgan'sTip thumbnail

Greetings, Tis the season for holiday parties and functions, and inevitably,  holiday party claims.  If its an in-office event during the workday its likely going to be compensable.  The events offsite,  afterhours or when the workplace is closed are trickier. As a reminder, to be compensable, there are two things that both must apply: The […]

Morgan’s Tip of the Week – 2018 Max CR and PTD Supps Reminder

Morgan'sTip thumbnail

Greetings, The Division of WC has announced: The maximum weekly compensation rate for work-related injuries and illnesses occurring on or after January 1, 2018 shall be shall be $917.00. By special request, a  refresher/reminder to increase the PTD supplemental benefits on any PTD claims where it is warranted effective 1/1/2018. For any dates of accident […]