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Latest Stories from Morgan’s Tips of the Week

Morgan’s Tip of the Week – Fla WC Guidance on COVID-19

Greetings, On 4/6, the Florida Office of Insurance Regulation  (which all of you know from paying close attention during our 5 hr law and ethics CEU)  issued an informational memo: TO ALL INSURERS AND ENTITIES REGULATED BY THE FLORIDA OFFICE OF INSURANCE REGULATION AUTHORIZED TO WRITE WORKERS’ COMPENSATION INSURANCE regarding COVID-19 and WC. Basically it […]

Morgan’s Tip of the Week – COVID and 1st Responders

Greetings, The CFO of Florida yesterday put out the attached directive extending WC coverage to “Frontline State Employees” who have tested positive for COVID-19 as an occupational disease.  The Directive states in essence it is a presumption of compensability unless the State of Florida can show by preponderance of the evidence (more likely than not) […]

Morgan’s Tip of the Week – Changes in Unemployment Benefits/Offset Amounts

Greetings, What’s new? I hope everyone is managing to get through this stressful time.   We will get back to normal…eventually.  Promise. Florida WC law provides for a reduction/offset in benefits if the claimant is receiving unemployment benefits (UE).   Last week, a record number of people filed for unemployment benefits, 3.3 million people nationwide.  Florida had […]

Morgan’s Tip of the Week – Questions in Today’s World

Greetings, I hope all of you are healthy, and managing to cope with the stress of this temporarily crazy world.   Remember, this is temporary, we will get through it. Thought I would share a few of the Florida questions that I have been getting about various situations due to the…uh….situation. TPD and economic layoffs- If […]

Morgan’s Tip of the Week – Coronavirus

Greetings, Well, I have started getting questions about COVID-19, the corona virus, and whether this could be compensable under Florida WC. There are two “presumptive” cases of the virus in Florida, meaning the formal diagnosis has not be 100% verified yet. In general, diseases and sicknesses are excluded from WC. However, the statute does give […]

Morgan’s Tip of the Week – Counting to 30

Greetings, Last week, the 1st DCA addressed the issue of the counting of 30 days after a PFB is filed for purpose of claimant attorney fee entitlement in Zenith v. Barrizonte-Cruz (Click Here). Under 440.34(3), a claimant’s attorney is not entitled to a carrier-paid fee for providing benefits untimely “until 30 days after the date […]

Morgan’s Tip of the Week – S. Florida WC

Greetings, Everyone has always anecdotally known that S. Florida is more litigious, but I have never seen any true analysis of the situation. The few cases I have handled over the years down there certainly have attested to a very different environment. It got me to thinking that we do have actual statistics by venue […]

Morgan’s Tip of the Week – Surprise Attorney Fees

Greetings, one of the more frustrating aspects of the current WC law is a “later-proved benefit”, thus resulting in claimant attorney fees. For example, the claimant files a PFB for TPD. The adjuster denies it because there is no lost wages. Then at some later point, while the PFB is still pending, TPD becomes due, […]

Morgan’s Tip of the Week – PTD Supps. Reminder

Greetings, and happy new year!  I want to thank everyone for the support you have given me and the firm over the past year, and we look forward to continuing to serve you in 2020 and beyond! Just a housekeeping reminder on PTD supplemental benefits as the calendar flips. For dates of accident 10/1/2003 to […]

Morgan’s Tip of the Week – Holiday Party Accidents

Greetings, Tis the season for holiday parties and functions, and inevitably,  holiday party claims.  And as if on cue, the 1st DCA  issued a ruling in Reynolds v. Anixter Power Solutions last week (link below).  As a reminder, to be compensable, there are two requirements : The event must be mandatory; and The event has […]