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Latest Stories from Morgan’s Tips of the Week

Morgan’s Tip of the Week – Discovery Delays

Greetings, One of the impacts of the Coronavirus on litigation is the delay on the ability to do the level of discovery that is really essential in defeating or driving down the value in WC claims.  Getting our arms around a claimant’s past medical history, prior accidents, income, preexisting conditions, etc…are key components to our […]

Morgan’s Tip of the Week – More Florida UE Changes Coming

Greetings, last week, Florida announced it will apply to  participate in the Federal Lost Wages Assistance Program created by the President’s Executive Order.   The CARES Act additional $600 in unemployment benefits expired on 7/31, and mostly everyone on unemployment has been receiving the Florida  $275 a week maximum since then. Florida opting to participate in […]

Morgan’s Tip of the Week – 2 + 2 Isn’t Always 4

Greetings, this is true not only of how things go in 2020, but also in calculating Florida Impairment ratings. For Impairment ratings, Florida physicians are supposed to use the 1996 Florida Uniform Permanent Impairment Rating Schedule (or FUPIRS for short*).  The guide has a chart on pages 116-117  for combining multiple body parts, and 2 […]

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 […]

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 […]