Morgan’s Tip of the Week – Litigation By the Numbers


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 recovery theory.
  • Unemployment- A friend’s husband was just approved, it took 2 months.  He applied on 4/16 and received approval this morning 6/16.   From a WC standpoint, UE is an offset to TPD and a bar to TTD.  Make sure you are getting out DWC-19 Earnings Reports to capture any retroactive payments of UE.

It appears the number of new litigated claims in Florida has climbed back to pre-Covid levels so far in June (see chart below).   The reduction was like a bell curve, with the lowest point being the first week in May, and it has climbed each week since.

Some venues are starting to hold mediations live again in the coming weeks, some are still telephonic.  I have a live trial on Thursday, not sure if the proper fashion sense is to match your cloth face covering to your shirt or your tie.

But it does appear we will all be getting busier again soon.

March 2019 2764  
  2020 2779 101%
April 2019 2782  
  2020 2214 80%
May 2019 2969  
  2020 1981 67%
1/2 June 2019 1120  
  2020 1111 99%

Morgan  Indek | Managing Partner