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Briefly Speaking- May 2024

Editor: Felicia Wymer, Partner, Pensacola Office Authors: Travis Coleman, Junior Partner, Tampa Office and Libby Nelson, Associate, Orlando Office Raul Fonte v. ECU Worldwide and Memic Indemnity Company JCC Kerr: Miami District                                          Order Date: 04-24-2024 OJCC Case: 23-012326MGK                                      Date of Accident: 04-27-2023 JCC Order: Click Here Briefly: Repetitive Trauma Summary: The claimant, a forklift […]

Pending Marijuana changes and the impact on FL, GA and TN Work Comp

There has been a lot of discussion regarding the pending changes regarding the Federal government reducing marijuana to a Schedule III drug, allowing for its medicinal use.  Below are summaries regarding the state of medical marijuana in Workers’ Compensation in our three states and what the looming changes may mean for the future. By Morgan […]

Morgan’s Tip of the Week- pending Marijuana legal status change

Greetings, As you may have heard, there are proposed changes at the Federal level regarding the use of medical marijuana.  As of right now there has been no official change yet, but here is a recap of where we are in Florida, the proposed changes at the Federal level and the timing, and the likely […]

Morgan’s Tip of the Week- Contact with Represented Claimants

Greetings, there is a lot of confusion surrounding contact with a claimant who is represented by an attorney in Florida.   Very often, the claimant’s attorney advises that neither the adjuster nor the nurse case manager can have any contact with the claimant.  While that does hold true, the one exception is communicating appointment information to […]

Briefly Speaking April 2024

Editor: Felicia Wymer, Partner, Pensacola Author: Travis Coleman, Junior Partner, Tampa Author: Libby Nelson, Associate, Orlando Rocio Ortiz v. US Parking Limited JCC Medina-Shore:   Miami District                                  Order date:   3/8/2024 OJCC Case:   22-027067SMS                                              Date of Accident:    7/29/2022 JCC Order: Click Here Briefly:  Emergency Care, Self Help Provision Summary: Handled by our […]

Morgan’s Tip of the Week- 120-day rule and subsequent conditions

Greetings, After we accept a claim as compensable, sometimes new conditions arise that may or may not be compensable.  A great example of this is a referral to a psychiatrist from the authorized doctor.  In this instance, where a new condition arises more than 120 days after the accident, are we stuck with it because […]

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 […]