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Morgan’s Tip of the Week – Looming UE and Offset Changes This Week

Greetings, The $600 weekly Federal boost to State Unemployment benefits expires on Friday, 7/31/20.   The U.S. Congress is still negotiating an extension, with the Democrats current plan to extend the $600 to the end of the year, and the Republican plan (unveiled today) being $200 for two months and then switching to a 70% of […]

Morgan’s Tip of the Week – COVID and SOL issues

Greetings, I have received a few questions regarding COVID-19 claims that have been accepted as compensable as occupational disease claims, but no actual treatment is needed.  By one report, 85% of those testing positive have little to no symptoms, and no treatment.  Meaning the claimants don’t return to the doctor for MMI. (The CDC recommendations […]

COVID-19 and The OJCC

With the pandemic upon us it should be no surprise there has already been a direct impact to the Florida Workers’ Compensation System. Monitoring the OJCC Orders docket closely, I have collected Orders demonstrating how the OJCC has been dealing with the pandemic and associated considerations thus far. Here are just a few cliff notes of what […]

Briefly Speaking – FL Case Law Updates: Attorney Fee Issue (7/7/20)

ATTORNEY FEE ISSUE Carlton Dawson v. Dynamic Precision Group JCC Johnson: West Palm Beach                       Order Date: June 12, 2020 OJCC Case: 19-005502                                     JCC Order: Click Here Claimant’s Counsel: Michelle McGhee               E/C’s Counsel: Mike Kiner Hourly Fee […]

Morgan’s Tip of the Week – July Pitfalls

Greetings, hope everyone had a good 4th. Couple of pending pitfalls today and later this month: Today- look out for 1 time changes from late Thursday or over the weekend.  Review everything carefully, watch out for anything saying “an alternative physician” or simply “a physician per 440.13(2)(f)”.  I got one at 4:30 Thursday, after we […]

Morgan’s Tip of the Week – Litigation By the Numbers

Greetings, Before the numbers,  a few tidbits that came up already today: Testing- I am hearing of physicians requiring claimants to get tested for COVID before surgery.  We will likely have to pay for the test under surgical clearance, unless there are free testing sites.  I would argue against any treatment, even under hinderance to […]

Morgan’s Tip of the Week – New 1-Time Change Changes

Greetings, On May 29th, the 1st DCA issued a ruling in a case involving what satisfies a 1-time change request, and certified a question to the Florida Supreme Court on the matter.   The case is City of Bartow v. Flores, link attached. The facts are as follows: On 6/20/ 2017, the claimant requested a 1-time […]

Morgan’s Tip of the Week – Future TPD battles

Greetings, As businesses start to reopen and claimants start to return to their light duty or modified positions, I foresee some issues we will have to deal with from a WC perspective.   As always I recommend any light duty offers be in writing.  Even if there was a prior offer of light duty, reiterating a […]

Morgan’s Tip of the Week – Unemployment and Retro Offsets

Greetings, In Florida, Unemployment benefits are an offset to any TPD owed and a bar to TTD.  More than 1.2 million Floridians have filed for Unemployment since March 15.  That is a staggering number.  And what is worse, I am sure many of you have heard of the inability of the Unemployment website and  the DEO to […]

Morgan’s Tip of the Week – Fla Re-Opening for Some Medical Treatment

Greetings, Florida has made the decision to enter Phase 1 of re-opening starting Monday May 4th (except for 3 counties, Miami-Dade, Broward and Palm Beach).  One of the issues affecting our claims has been the delay in surgeries and medical treatment due to the Exec Order putting elective procedures on hold. The Order from the […]