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Eraclides Gelman March Briefly Speaking

Editor: Felicia Wymer, Partner, Pensacola Office Author: Travis Coleman, Junior Partner, Tampa Office Author: Libby Nelson, Associate, Orlando Office Angel Rodriguez v. Encore Group and ESIS WC Claims JCC Ring: Ft. Lauderdale District                              Order Date: 02/27/2024 OJCC Case: 22-027318MJR                                       Date of Accident: 04/01/2022 JCC Order: Click Here Briefly: Notice Summary: The Claimant alleged an […]

Morgan’s Tip of the Week- Settlement Checks

Greetings, I have received a few questions recently about when settlement checks are due to avoid a late payment, and a resulting 20% penalty and interest.   The statute under 440.20(11)(c) states payment must be made within 14 days after the JCC “mails” the order approving attorney fees.   We often mistakenly refer to it as […]

Morgan’s Tip of the Week- Pending FL fee schedule changes

Greetings, The Florida Legislature passed a bill increasing the fee schedule physicians can charge for treating a WC patient.  The bill is awaiting the Governor’s signature before becoming law, tentatively effective 1/1/2025. A link to a copy of the bill is below, along with a link to an article on the changes.   The Florida fee […]

Morgan’s Tip of the Week- Unemployment benefits, offsets and bar to indemnity

Greetings, I had a few questions recently about claimant’s collecting Unemployment benefits while claiming lost wages in Florida WC.     Florida has returned to its pre-Covid level of Unemployment benefits (UE).   2024 Claim Maximums: 12 weeks The Florida WC statute addresses how UE is handled when claiming TTD/TPD in 440.15(10) (statute below).  Your employer should have […]

EG- Gazette- Spring 2024

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Best Practices for Minimizing Attorney Fee Exposure By: Christian Roig, Associate – Miami, FL Georgia Posted Panel of Physicians: Best Friend or Worst Enemy? By: Gabe Mobley, Associate – Atlanta, GA Major Contributing Cause: An Investigation   By: Kayli Marston, Associate– West Palm Beach, FL Maintaining a Well-Oiled Defense: Preventing Backfires in Denials and Delay […]

February Briefly Speaking 2024

Editor: Felicia Wymer, Partner, Pensacola Office Authors: Travis Coleman, Junior Partner, Tampa Office and Libby Nelson, Associate, Orlando Office Jeanette Duffy v. JetBlue Airways Corporation and Sedgwick, CMS JCC Jacobs: Orlando District                                     Order Date: 01/26/2023 OJCC Case: 22-006075JEJ                                         Date of Accident: 02/05/2022   JCC Order: Click Here Briefly: Arising out of/Course & […]

Morgan’s Tip of the Week- Independent Contractors and FL WC

Greetings, I have received a few questions about what impact the US Dept Of Labor’s new rule on Independent Contractors will have on FL Workers’ Comp.  The DOL’s rule was released on 1/10/24, and goes into effect on 3/11/24, a link to the press release and the actual rule are at the bottom. The DOL […]

Morgan’s Tip of the Week- Important Atty Fee Decision

Greetings, Last week the Florida 1st DCA issued a long-awaited ruling regarding claimant’s attorney fees in Rudolph v. Darrien Smith/Home Depot, 1D2022-1627. https://1dca.flcourts.gov/content/download/1679907/opinion/Opinion_2022-1627.pdf The crux of the case was when can a JCC award hourly fees instead of the guideline fee, if the JCC finds the guideline fee to be too high. In Smith, the […]

Morgan’s Tip of the Week- Getting timely medical reports

Greetings, Sometimes, it can be difficult to obtain medical records and DWC-25’s timely from doctors’ offices so we can ensure we are following the work status and not creating over or underpayments.  Well, the FL WC statute (along with the Dept of Financial Services regulations) does give you some guidance on how you can encourage […]

January Briefly Speaking

Editor: Felicia Wymer Authors: Travis Coleman and Libby Nelson Alicia Luna Luna v. Southern Meat Sales, Inc. and Bridgefield Casualty Insurance Company JCC Anderson: Orlando District                                                                   Order date: November 29, 2023 OJCC Case: 22-028226WWA                                                                          Date of Accident: March 1, 2022 JCC Order: Click Here Briefly: Misrepresentation   Summary: The Claimant slipped and fell down a […]