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Latest Stories from Morgan’s Tips of the Week

Morgan’s Tip of the Week – Holiday Parties

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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

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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 […]

Morgan’s Tip of the Week – 1-Time Change Day!

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Greetings, today is the day we all have to be extra careful to scour everything that came in late Wednesday or over the weekend for 1-time change requests.  So far I only received one, a fax at 5:00 exactly on Tuesday, so it was actually a Wednesday request. As a refresher, we have 5 calendar […]

Morgan’s Tip of the Week – Constitutional Challenge

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  Greetings, A few tidbits this week:   1) Oral arguments being held tomorrow at the 1st DCA on whether the Maximum Compensation rate is constitutional in Bosch v. Miami Herald, OJCC# 16-008192.  The claimant’s AWW is $1,458.93, and 66 2/3% would be $972.62.  However, for this 2016 date of accident, benefits were paid per […]

Morgan’s Tip of the Week – Out of State Accidents

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Greetings, by special request, this tip will address Florida-based employee’s who are injured while working out of the state or country (due to the hurricanes or any reason). In general, if it is simply a business trip, the claimant would be considered a traveling employee and in most instances the entire trip is covered under […]

Morgan’s Tip of the Week – 2018 Proposed WC Premium Rates

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Greetings, On Monday, the National Council on Compensation Insurance (NCCI), proposed a statewide premium decrease of 9.6% for 2018 (rates would be effective 1/1/2018).  The Florida Office of Insurance Regulation now has to review the filing and there will be a public hearing in October. The rationale for the premium decrease is that claim frequency […]

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 […]

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.  […]

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 […]

Morgan’s Tip of the Week – Medical Bills

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Greetings, Often, the initial PFB filed in a claim seeks payment of hospital-related bills along with other claims.  And many times, we don’t have the records yet from that treatment to know if it was in fact related to our accident. The traditional PFB response during the guideline-fee era had always been something to the […]