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Blog

Morgan’s Tip of the Week- Impact of the storms on benefits

Greetings,  I certainly hope everyone made it through both Helene and Milton safely.  Enough already with the hurricanes. I have been getting a lot of questions about the impact of the storms on certain benefits, so I thought I would share.  Of course each situation is unique, and you would have to balance litigation costs […]

Morgan’s Tip of the Week- Avoiding Atty Fees on AWW

We CAN do better!   As always, please let me know if you have any questions. Join us for our upcoming Orlando, Tampa and Atlanta holiday parties (see flyer attached), and be sure to sign up for our educational FL, GA and TN CEU webinars:  https://eraclides.com/events/ 4 hour FL law and ethics CEU on 12/4/24:    https://eraclides.com/events/join-eraclides-gelman-for-the-4-hour-law-ethics-update/ […]

Briefly Speaking September 2024

Editor: Felicia Wymer, Partner, Pensacola Office Author: Travis Coleman, Junior Partner, Tampa Office Author: Libby Nelson, Associate, Orlando Office Maria Ferrer Carrasco v. The School Board of Palm Beach County/Davies Claims North America, Inc. JCC Anderson: West Palm Beach District                              Order date: 07/31/2024 OJCC Case: 22-006698GJJ                                                    Date of Accident: 02/03/2022 JCC Order: Click Here Briefly: […]

Morgan’s Tip of the Week- Independent Contractor vs. Employee

Greetings, by special request, this Tip is about employee/employer relationship as it relates to1099 employees/Independent contractors.   In general, the FL WC law favors finding these individuals are employees and are covered under Workers Comp unless they can prove certain elements. The statute sets out a set of criteria to be considered an independent contractor, and […]

Morgan’s Tip of the Week- 2025 FL fee schedule increase and MSA’s

Greetings,   Effective 1/1/25, 105 days from now, the Florida WC fee schedule for surgeries and physician visits is increasing fairly significantly.   Surgeries will cost 50% more and doctor’s visits will cost 60% more (see below). Now may be the opportune time to run a Medicare Set Aside on any claims where there are future surgeries […]

Morgan’s Tip of the Week-Post-MMI treatment/annual visits

Greetings, After a claimant has reached Maximum Medical Improvement (MMI), they can continue to treat in Florida until or unless one of a few things happens: The applicable statutes are below. The first two above require an opinion from the treater.   And it is always a balance, the cost of possibly causing litigation versus paying […]

Morgan’s Tip of the Week- Safety reduction

Greetings, A common phrase when discussing claims that appear to be caused by the claimant’s own less than well thought out action is “stupidity is not a defense.”   However, on occasion, “stupidity” can cost the claimant money.  Under the Florida WC statute, if the injury is caused by the claimant refusing to use a “safety […]

Morgan’s Tip of the Week- Settling cases quickly

Greetings, Our firm has been recognized by the largest WC TPA as having one the best file duration rates in the country.  Today, they asked me to speak to their entire defense attorney panel about what our firm does differently to achieve those results. (And we could not achieve these great results without each of […]

Briefly Speaking- August 2024

Editor: Felicia Wymer, Partner, Pensacola Office Author: Travis Coleman, Junior Partner, Tampa Office Author: Libby Nelson, Associate, Orlando Office Addison v. Boston Whaler, Inc/Indemnity Insurance Co. of North America JCC Holley:   Jacksonville District                                     Order date:  6/11/2024 OJCC Case:   23-028636WRH                                            Date of Accident:    6/06/2023 JCC Order: Click Here Briefly:  One-Time Change, Authorization […]

Morgan’s Tip of the Week- Delays in Settlement Approvals

Greetings, (Technically the JCC’s do not “approve” represented settlements in FL, they approve the amount of attorney fees and child support arrearage, but you know what I mean…) Over the last several months there has been a distinct push by the Judges of Compensation Claims to be more discerning on approving claimant’s attorney fees.   At […]