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TPD Eligibility After Post-Accident Termination For Cause: Do I Really Have To Pay This Claimant?

By: Abby L. Loeffler, Associate, Jacksonville Generally, temporary partial disability (TPD) benefits are payable to a claimant if the claimant has not reached overall maximum medical improvement from the injury and the medical conditions resulting from the injury create restrictions on the claimant’s ability to work. To establish entitlement to TPD benefits, the claimant must […]

Is the Maloney Burden Malarkey?

By: Kenny Bishop, Associate, Atlanta In the well known case, Maloney v. Gordon Farms, the Supreme Court established the burden of proof a claimant bears in order to claim entitlement to disability benefits after termination, which is commonly known as the Maloney Burden. In order to successfully prove this burden, the claimant must prove that […]

Why Do Defenses Matter?

By: Rachel Perez Delgado, Associate, Jacksonville With the end of another glorious football season in sight, now is a great time to remember why the best offense is a good defense. There are many defenses in workers’ compensation that are deemed waived if not timely raised. One recent JCC case, Burgess v. Environment Control of […]

Coronavirus Update – Tennessee Law

Greetings, my colleague Ryan Mirian in our Nashville office was kind enough to put this together regarding compensability in TN. Ryan’s contact info is below, and also below are the GA and FL Tips. Coronavirus disease (COVID-19) presents an interesting issue for Tennessee Workers’ Compensation claims with respect to causation. Given the increasing incidence of […]

Coronavirus Update – Georgia Law

Greetings, we have received some questions regarding the compensability of COVID-19 in Georgia Workers’ Compensation. My colleague Lexi Laufer in our Atlanta office was kind enough to put this together regarding GA law. The Florida analysis is below that, and I will be sending a TN analysis in the next few days. Lexi’s contact info […]

Coronavirus Update – Florida Law

Greetings, Well, I have started getting questions about COVID-19, the corona virus, and whether this could be compensable under Florida WC. There are two “presumptive” cases of the virus in Florida, meaning the formal diagnosis has not be 100% verified yet. In general, diseases and sicknesses are excluded from WC. However, the statute does give […]

Morgan’s Tip of the Week – Coronavirus

Greetings, Well, I have started getting questions about COVID-19, the corona virus, and whether this could be compensable under Florida WC. There are two “presumptive” cases of the virus in Florida, meaning the formal diagnosis has not be 100% verified yet. In general, diseases and sicknesses are excluded from WC. However, the statute does give […]

Morgan’s Tip of the Week – Counting to 30

Greetings, Last week, the 1st DCA addressed the issue of the counting of 30 days after a PFB is filed for purpose of claimant attorney fee entitlement in Zenith v. Barrizonte-Cruz (Click Here). Under 440.34(3), a claimant’s attorney is not entitled to a carrier-paid fee for providing benefits untimely “until 30 days after the date […]

Briefly Speaking – Case Law Updates (2/3/20)

School District of Indian River County/Ascension Benefits v. Edward Cruce, deceased First DCA Judges: Thomas, Ray, Wolf                Order date: 11/27/2019 JCC Dietz: Sebastian/Melbourne District          Order date: 7/21/2017 OJCC Case: 16-021570RLD                              […]

Morgan’s Tip of the Week – S. Florida WC

Greetings, Everyone has always anecdotally known that S. Florida is more litigious, but I have never seen any true analysis of the situation. The few cases I have handled over the years down there certainly have attested to a very different environment. It got me to thinking that we do have actual statistics by venue […]