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Morgan’s Tip of the Week – Yes, No & Maybe

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Greetings, I am working on a new CEU outline called “Whoops I did it again!  Common Mistakes in Litigation”.   One of the common mistakes I am seeing is equivocal responses to PFB’s that don’t really say yes or no as to whether the benefit will be provided. A “maybe” type answer is not agreeing to […]

Briefly Speaking – FL Case Law Summaries (8/14/17)

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By:                    Ryan M. Knight – Miami Contributor:   Tara Said – Pensacola To receive daily e-mails with case law summaries, please email esantos@eralcides.com July 2017 Attorney Fees & Costs Orders Rodobaldo Rodriguez v. City of Hialeah JCC Kerr: Miami District                          Order Date: July 10, 2017 OJCC Case: 14-029262                              JCC Order: Click Here Claimant’s Counsel: […]

Morgan’s Tip of the Week – 120 Day Rule

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Greetings, earlier this week the 1st DCA heard oral arguments in a case involving MCC and the 120 day rule.  The case is Williams v. Tampa Electric, OJCC # 15-029577, and we do not have a decision yet. The issue in the case is one that comes up often, so I wanted to address it.  […]

Briefly Speaking – FL Case Law Updates (7/31/17)

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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 Willis Burton v. Meyer’s Warehouse and Nationwide Agribusiness Insurance JCC Stephenson: West Palm Beach District      Order Date: July 12, 2017 OJCC Case: 16-005790                                         Date of Accident: 11/05/2015 Claimant’s Counsel: Michael Celeste           […]

Morgan’s Tip of the Week – 1st DCA Expands “Fraud”

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Greetings, last week the 1st DCA expanded the misrepresentation “fraud” defense in Foods v. Howard (1D16-1789). (Click Here) In this case, there was no dispute that the claimant was involved in an accident while operating a front-end loader.  However he did not seek any medical attention until after he had been terminated , two months […]

Telecommuting in Florida: Carriers’ Liability a Reality

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By: Ryan Knight, Associate, Miami Telecommuting has become increasingly popular over the past decade. More than 60 percent of organizations surveyed by the Society of Human Resource Management in 2016 said they allow some type of telecommuting. Offering remote employment presents benefits to both the employee and the employer. The employees, particularly working parents, relish the […]

What is the Tennessee Drug Formulary?

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By: Richard Clark, Of Counsel, Nashville Our Nashville office has provided numerous educational training sessions regarding the Drug Formulary that has gone into effect. The training sessions have been beneficial in an effort to bring insurance professionals up to speed regarding what the Drug Formulary is and how it is being put into practice via […]

One More Clarification on One-Time Changes in Florida

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By: Mike Quiggins, Partner, Tallahassee The First District Court of Appeal issued a recent decision providing further clarification of the employer/carrier’s obligations to satisfy a claimant’s request for a new doctor under the “one time change of physician” provision found in 440.13(2)(f). The decision in Velez v. Coadvantage, Epoch Management/CCMSI, Case No. 1D16-5496 (opinion issued […]

Alabama’s Workers’ Compensation Statute Under Fire

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By: Matt Williams, Partner, Alabama On May 8, 2017, Jefferson County, Alabama Circuit Court Judge Pat Ballard entered an Order declaring the entire Alabama Workers’ Compensation Act unconstitutional. Specifically, Judge Ballard found two sections of the Alabama Workers’ Compensation Act unconstitutional, but because the Alabama Legislature included Section 25-5-17, a non-severability statute, into the Act […]

Briefly Speaking – FL Case Law Summaries (7/11/17)

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By:                    Ryan M. Knight – Miami Contributor:   Tara Said – Pensacola To receive daily e-mails with case law summaries, please email esantos@eralcides.com First DCA Opinions Edwin Velez v. CoAdvantage  JCC Condry: Orlando District                               Opinion Date: June 19, 2017 OJCC Case: 15-016212                                            Date of Accident: 05/21/2015 Claimant’s Trial Counsel: Basil A. Valdivia     Claimant’s […]