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Morgan’s Tip of the Week- Effective Light Duty Job Offers

Greetings, I am often asked about light duty job offers, what needs to be in them, and do they have to be in writing.   Here’s a few things to consider: The law does not require the offer to be in writing to be a valid job offer BUT invariably the claimant may deny being offered […]

Morgan’s Tip of the Week- IME’s and disputes

Greetings, In the last week I have received several questions about IME’s (Independent Medical Examinations) under 440.13(5). The statute (below) gives the E/C the right to have ONE IME per claim (date of accident) regardless of the number of body parts claimed.   However: If your IME will put into their report or testify that they […]

EG Gazette – October 2022

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Compensability During the Holidays By Libby Nelson, Associate, Orlando The Holidays are upon us! Just this last week, I walked into a Hobby Lobby and wouldn’t you know –  half of their home-goods section was already red and green!  This time of year brings joy to all with an abundance of over-the-top decorations, scrumptious food, […]

Morgan’s Tip of the Week- Costs on Settlements

Greetings, Well what seemed liked a minor change to the Q-rules of Workers’ Comp Procedure back in February 2022 is now leading to some issues on paying settlements.  The rule change simply stated that a JCC did not have to approve the costs a claimant was paying their attorney, only the amount of the attorney […]

Morgan’s Tip of the Week- Status of Marijuana in FL WC

Greetings, I hope all of you that were in the path of hurricane Ian escaped with minimal issues and are doing well. A few of you have asked for an update on medical marijuana in Florida’s WC system. There really are two aspects, do we have to pay for it under FL WC and is […]

Morgan’s Tip of the Week- Late reporting issues

Morgan Indek's majestic headstand on a surf board

Greetings, “Lately” I have had few cases dealing with the untimely reporting of claims.  With a few exceptions (see the statute below), a claimant has 30 days to report the accident to the employer or be barred from filing a claim.  A few things that have come up recently: Reporting the accident but refusing initial […]

Morgan’s Tip of the Week-Idiopathic analysis and responsibility

Greetings, idiopathic claims remain some of the most difficult claims to navigate.  Lately I have had a few questions on what and when we are responsible in an idiopathic claim in FL.   The 1st DCA did issue a good case back in February, Silberberg, and my Tip on that is below.  To summarize where we […]

Morgan’s Tip of the Week- Hospital bills on a PFB

Greetings, earlier this week we did a live CEU for a client (boy is it good to get out and see everyone again), and I thought it would be a good refresher to cover how to handle Hospital bills listed on a PFB. One of the problems we often face is the hospital bill may […]

Morgan’s Tip of the Week- Unauthorized Treatment

Morgan Indek's majestic headstand on a surf board

Greetings, Lately I have had a few cases where the claimant sought treatment on their own outside of the WC system, so I thought it would be a good reminder of how that is handled in the Florida WC system. If a claimant has surgery on their own or treats with a psychiatrist outside of […]