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Marijuana Issues

Greetings, I am starting to see a few claims where the claimant tests positive for marijuana post-accident, and they have a Florida medical marijuana card.   I have not yet seen one where the drug screen was done within a short enough window of time to deny the entire claim under the intoxication defense yet though. […]

Difficulties with the Waiting Period under §440.12(1)

By:  Sal Coppolino, Associate, Jacksonville Florida Statute §440.12(1) created what is commonly known as the “waiting period” of indemnity benefits. In short, indemnity compensation is not due for the first 7 days of the claimant’s disability, unless the injury results in more than 21 days of disability. If the injury does result in more than […]

Potential For Settlement Of Supplemental Benefits Entitlement for Accidents Prior To 7/1/1984

By:  Ed Williamson, Senior Counsel, Jacksonville For dates of accident prior to July 1, 1984, the State of Florida pays supplemental benefits for the Claimant’s entire life, and the Carrier pays the base PTD benefit. The supplemental benefits are actually paid through the State of Florida Workers’ Compensation Trust fund. The Trust Fund is funded […]

Growing Pains – The Implementation of Florida’s New Opiate Prescription Laws

By:  Caitlin Oliver, Associate, Orlando As of July 1, 2019, a new Controlled Substances law went into effect in Florida which alters requirements for prescribing opiates.  House Bill 451, Nonopioid Alternatives, was approved by Governor DeSantis and requires that before providing anesthesia or prescribing, ordering, dispensing, or administering an opioid listed as a Schedule II […]

Do You Have the Heart to Sue? An Analysis of The Compensability of Heart Attack Claims in Georgia

By:  Kenny Bishop, Associate, Georgia In Georgia, heart attacks and strokes are not generally compensable as workers’ compensation injuries; however, if the Claimant can prove “by a preponderance of competent and credible evidence” that the Claimant’s employment duties caused or contributed to the condition, he may be able to collect workers’ compensation benefits. While the […]

Morgan’s Tip of the Week – Subro Liens

Greetings, Subrogation is one of the more frustrating and intricate aspects of Fla WC law.   In essence, the idea is that a claimant should not be able to “double-dip” and collect money from a liability lawsuit and a WC claim for the same things, like medical benefits and lost wages. A few basics…there has to […]

Briefly Speaking – Attorney Fees Issue (8/7/19)

Grisel Hernandez Garcia v. Napa Auto Parts JCC Jacobs: Miami District                          Order Date: July 11, 2019 OJCC Case: 17-022286                         JCC Order: Click Here Claimant’s Counsel: James Payer                     E/C’s Counsel: Kurt Wirsing Hourly Fee Awarded: $335 per hour (based upon a statutory fee) Summary: Claimant’s counsel had a valid Miles fee agreement with the claimant. The […]

Do Undocumented Workers Have Rights Under Workers’ Compensation?

By: Sean Callahan, Partner, Orlando According to the Pew Research Center, unauthorized immigrants made up 4.8% of the U.S. labor force in 2016, a decline since their peak of 5.4% in 2007. However, Florida had 5.6% (again, from 2016), which is obviously above the national average. Florida’s top industries for unauthorized immigrants include construction and […]

Treat Yo’ Self – Self-Help in FL Workers’ Comp.

By: Wes Heim, Associate, Tampa When treatment is denied in a pending comp. claim, an injured worker may be permitted to seek initial treatment at the expense of the Employer under Fla. Stat. 440.13(2)(c) (2003). The initial burden to the Claimant is to demonstrate a request for initial treatment/care and that a reasonable period of […]

New Texting (And Reading) While Driving Ban In Florida Began July 1

By: Chelsea England Leonard, Associate, Orlando Put that phone down! Answering emails, checking the headlines, and looking at dog memes while behind the wheel now comes with new consequences. A new, stricter law has gone into effect in Florida on July 1, 2019, banning texting while driving. Florida is on the tail end of states […]