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Briefly Speaking – FL Case Law Updates: Attorney Fee Issue (7/7/20)

ATTORNEY FEE ISSUE Carlton Dawson v. Dynamic Precision Group JCC Johnson: West Palm Beach                       Order Date: June 12, 2020 OJCC Case: 19-005502                                     JCC Order: Click Here Claimant’s Counsel: Michelle McGhee               E/C’s Counsel: Mike Kiner Hourly Fee […]

Morgan’s Tip of the Week – July Pitfalls

Greetings, hope everyone had a good 4th. Couple of pending pitfalls today and later this month: Today- look out for 1 time changes from late Thursday or over the weekend.  Review everything carefully, watch out for anything saying “an alternative physician” or simply “a physician per 440.13(2)(f)”.  I got one at 4:30 Thursday, after we […]

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

Greetings, 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 […]

Morgan’s Tip of the Week – New 1-Time Change Changes

Greetings, On May 29th, the 1st DCA issued a ruling in a case involving what satisfies a 1-time change request, and certified a question to the Florida Supreme Court on the matter.   The case is City of Bartow v. Flores, link attached. The facts are as follows: On 6/20/ 2017, the claimant requested a 1-time […]

Morgan’s Tip of the Week – Future TPD battles

Greetings, As businesses start to reopen and claimants start to return to their light duty or modified positions, I foresee some issues we will have to deal with from a WC perspective.   As always I recommend any light duty offers be in writing.  Even if there was a prior offer of light duty, reiterating a […]

Morgan’s Tip of the Week – Unemployment and Retro Offsets

Greetings, In Florida, Unemployment benefits are an offset to any TPD owed and a bar to TTD.  More than 1.2 million Floridians have filed for Unemployment since March 15.  That is a staggering number.  And what is worse, I am sure many of you have heard of the inability of the Unemployment website and  the DEO to […]

Morgan’s Tip of the Week – Fla Re-Opening for Some Medical Treatment

Greetings, Florida has made the decision to enter Phase 1 of re-opening starting Monday May 4th (except for 3 counties, Miami-Dade, Broward and Palm Beach).  One of the issues affecting our claims has been the delay in surgeries and medical treatment due to the Exec Order putting elective procedures on hold. The Order from the […]

Morgan’s Tip of the Week – Investigating COVID Claims

Greetings, hope everyone is well and staying sane. I am receiving several daily questions about compensability of COVID-19 claims under 440.151 Occupational Disease.   A point to remember, unless someone actual has contracted the virus, there is no “injury” and therefore no claim.  And even after, it then needs to be evaluated as to whether or […]

Morgan’s Tip of the Week – Update on FL WC System

Greetings, I hope you are doing as well as can be under the circumstances. I have received a number of questions about the status of the FL WC system.   In essence it is still functioning on schedule.   All State Mediations are occurring by phone through 4/30.   Motion hearings are by phone as well.   Private mediations […]

Morgan’s Tip of the Week – Fla WC Guidance on COVID-19

Greetings, On 4/6, the Florida Office of Insurance Regulation  (which all of you know from paying close attention during our 5 hr law and ethics CEU)  issued an informational memo: TO ALL INSURERS AND ENTITIES REGULATED BY THE FLORIDA OFFICE OF INSURANCE REGULATION AUTHORIZED TO WRITE WORKERS’ COMPENSATION INSURANCE regarding COVID-19 and WC. Basically it […]