Blog
Morgan’s Tip of the Week – New WC Bill Fails To Pass
Greetings, The Florida Legislative session ended last night, and the House and Senate could not agree on a few key terms. Unless a special session is called, the law in effect now will remain in force until at least the 2018 session. Both the House and Senate bills had some good fixes for us; making […]
Morgan’s Tip of the Week – 3 and 10 Day Rules
Greetings, I have had several clients ask me about the 1st DCA decision from earlier this week, AT&T Communications v. Russo (1D16-3971) regarding the “3-day” and “10 day rule”, Fla Stat 440.13(3) d and i. In actuality, this is nothing new, see the Elmer case below from 2009. The statute says when you get […]
FL Case Law Summaries – 5/4/17
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 David Koch v. Pat Salmon & Sons JCC Humphries: Jacksonville District Opinion Date: April 24, 2017 OJCC Case: 16003630 Date of Accident: 10/27/2012 Claimant’s Counsel: Monte Shoemaker […]
FL Case Law Summaries – 4/27/17
By: Ryan M. Knight – Miami Contributor: Tara Said – Pensacola To receive daily e-mails with case law summaries, please email esantos@eralcides.com February & March 2017 Attorney’s Fees & Costs Orders Carlos R. Iraheta v. Laiton Incorporated/Guarantee Insurance Co. JCC Pitts: Orlando District Order Date: February 3, 2017 OJCC Case: 11-021134 JCC […]
Morgan’s Tip of the Week – WC Legislative Update
Greetings, I have been getting a lot of questions about what is going on in the Fla Legislature regarding proposed changes to the WC law. A bill has passed the House of Representatives and a Senate bill has passed committee but will need to be voted on by the entire Senate. And then a reconciled […]
Tip of the week- Termination and TPD
Greetings, by special request, I am doing this tip on the effect a termination of employment has on TPD benefits. A. If the claimant voluntarily resigns, and the employer was providing light duty with no loss of earnings in the 80/80 formula, you can deny TPD. However, a few caveats from the caselaw: […]
Tennessee Case Law Update: When is an Overdose Compensable?
Do you have employees/claimants treating in pain management or with narcotics? Do you worry that overdose could result in fatal consequences, and whether that’s compensable? With the pain pill epidemic and risk of dependence and abuse, these are timely questions to consider. In Tennessee, these issues are analyzed under the independent intervening injury standards, and […]
Occupational Exposure Victory in Alabama
Erin Agricola and Matthew Williams successfully defended a workers’ compensation lawsuit on behalf of a large tire manufacturer in February 2017. On or about September 20, 2015, while working in the line and scope of his employment, Plaintiff Jim Knox suffered an injury to his right eye when he took off his safety glove, removed […]
Raise it or Lose it: Attorney Fee Exposure on Petitions
By: Sean O’Neil, Associate, Jacksonville It is hardly a unique situation– the claimant files a Petition for Benefits seeking an orthopedic referral or authorization of diagnostic testing while under the care of an authorized physician, but fails to attach the actual referral or office note. Additionally, there are times when there is no referral for […]
To Modify, Rent, or Buy: Catastrophic Injury Considerations
By: Ya’Sheaka Williams, Partner, Tampa What is the employer/carrier’s responsibility to an injured worker when an injury causes such disability that their current residence cannot accommodate them? This occurs in cases where the claimant sustains a catastrophic injury such as paraplegia, quadriplegia, or other wheelchair bound injuries. In short, the employer/carrier must provide reasonable and […]