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Briefly Speaking – Case Law Update Tennessee By: Ben Norris | Nashville

Braden v. Mohawk Industries, Inc., et al.Court:                   Workers’ Compensation Appeals Board       Order Date:        3/1/2022        Order:                  Click Here Issue:                    Direct and Natural Consequences Rule Summary:           The employee, a truck driver, reported suffering a right ankle injury when he tripped and fell while unloading a strapped roll of carpet. Employee received a compensable […]

Morgan’s Tip of the Week- Interesting WC stats

Morgan Indek's majestic headstand on a surf board

Greetings, A client asked me to do some research on WC stats in Florida, and thought I’d share some interesting bits.  According to the FLDFS (Fla Dept of Financial Services) website, there were 68,916 lost time cases in Florida in 2021.  That includes all lost time, but also death claims, settlements, impairment benefits, basically everything […]

Morgan’s Tip of the Week- What is money?

Greetings, I often get questions about what counts as money/earnings to offset any WC payments that are due.  Here are a few of the more common ones: PTO/vacation/sick time-   If a claimant received PTO pay from the Employer, it is generally not earnings to reduce your WC payments.  There is a wide array of different […]

Briefly Speaking (6/7/2022)

Leonard Vassell v. Reyes Fleet Management, LLC and Indemnity Insurance Co. of North America, Sedgwick CMS JCC Lewis:   Ft. Lauderdale District                            Order date:   5/5/2022     OJCC Case:   21-015297DAL                                            Date of Accident:    5/25/2021 JCC Order:  Click Here Briefly:  Arising out of/Course & Scope, Major Contributing Cause, Witness Credibility  Summary:    The Claimant, […]

Morgan’s Tip of the Week- You win, you get nothing?

Greetings, The 1st DCA issued a ruling last week regarding the award of claimant attorney’s fees when no actual benefits are awarded at the time of the trial, but possibly due later.  The case is attached, Guerrea v. Becton Dickinson & Co. At the trial, the claimant’s was awarded an increase in his AWW, but […]

Briefly Speaking (5/9/2022)

Michael Keogh v. Haifa Limestone and Amerisure Insurance JCC Stephenson:   West Palm Beach District                           Order date:   3/29/2022 OJCC Case:   19-018823CJS                                                             Date of Accident:    2/12/2016 Victorious Attorney: Ryan Knight- Miami Office Order:   Click Here Briefly:  Permanent Total Disability Summary:    The claimant was involved in a work-related accident when he fell from […]

Morgan’s Tip of the Week- Traveling to and from work

Greetings, Last week the 1st DCA issued a decision regarding travel to work when the claimant did not have a fixed workplace but rather traveled to various jobsites.  The case (DSK Group, Inc. v. Hernandez) is attached.  The claimant was an electrician, and as he was driving in his personal vehicle from his home to […]

Morgan’s Tip of the week- Testing on unauthorized body parts

Greetings, We often see a doctor recommend treatment/testing to “rule in or rule out” that the injury is the cause of the ongoing symptoms or complaints.  Common examples are blood work to see if there is any possible disease, a cervical MRI on a wrist/shoulder injury, bilateral EMG’s for comparison, etc….The doctor is in essence […]

Subrogation in Georgia: The Dog Bites, but it’s Bark is Still Much Worse, By Aaron Conley, Associate, Atlanta

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When it comes to workers’ compensation claims, one of the more complicated and overlooked (possibly due to its difficulty) issues is subrogation.  This combination of challenges is only made more daunting when it comes to subrogation under the Workers’ Compensation Act in Georgia.   Over the years, subrogation in Georgia has developed a nasty reputation that […]

What Is This Petition For Benefits Even Requesting? – Knocking Out Requests That Lack Specificity, By Hunter Trubatch, Associate, Miami

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We have all seen Petitions for Benefits (PFB) that request a litany of things. But have you even found yourself asking what specifically the PFB is requesting? Florida Statute §440.02(40) states that PFBs must be plead with specificity meaning referrals for any specialist must be attached, bills for payment/compensability must be attached or the specific […]