Blog
EG Gazette- FALL 2023
“Taking It Easy: Things to Consider When Offering a Light Duty Position” By: Marilyn Linares and Elias Jreji | Jacksonville, FL Not every employer can offer light duty or even modified duty. There are companies, such as ReEmployAbility, which offer return-to-work...
Georgia Case Law Update
Georgia Case Law Update Georgia- New Case Law on Panels The Georgia Court of Appeals issued a decision regarding the location of the Panel in LILIENTHAL v. JLK, INC. et al. A23A0290. A copy is below. At issue here is whether the Employer placed the...
Morgan’s Tip of the Week- Medical Marijuana cards
Greetings, We are still in a bit of no man’s land on definitive answers regarding the use of Medical Marijuana and the intoxication defense in Florida. (The 1st DCA has upheld the law that WC does not need to pay for Medical Marijuana.) I have heard the...
Morgan’s Tip of the Week- Prevailing Party Costs
Greetings, In the 2015 Jennings v. Habana case (link below), the 1st DCA established that prevailing party costs are separate and distinct from claimant’s attorney fees. The DCA opined that if the Employer/Carrier provides any benefits after a Petition...
Morgan’s Tip of the Week- FL new immigration law and WC
Greetings, I have a received a few questions about the impact Florida Senate Bill 1718 will have on Florida WC. The new law imposes stricter penalties on those who smuggle unauthorized aliens, etc…but a few provisions will have an indirect effect on WC. ...
Morgan’s Tip of the Week- Potential caselaw change to FL WC SOL
Greetings, If any of you have attended our firm’s CEU’s or webinars over the years, you have likely heard us explain the Florida WC Statute of Limitations as “2 years from the date of accident or 1 year from the last provision of a benefit, whichever is...
Morgan’s Tip of the Week- Important new 120-day rule letter case
Greetings, last week the 1st DCA issued a ruling regarding the 120-day rule and the necessity of sending the “120-day letter” in the link below is the case of Churchill v. DBI Services (1D21-3199). The “initial provision of compensation or benefits” starts a...
Morgan’s Tip of the Week- FL WC Legislative changes for 2023
Greetings, Although the Florida Legislative session ended May 5th, HB 487 was signed into law at the end of last week (5/25/23). There are two parts of the bill that deal directly with Florida Workers’ Compensation, but no drastic changes. Expert Medical...
Morgan’s Tip of the Week- 50 mile “limit” for medical treatment
Greetings, In the last week I received a few questions about how far is too far for a claimant to travel for medical treatment. A big thank you to Ryan Knight of our Miami office for helping with the caselaw below on this one. (if you need anything in...
Morgan’s Tip of the Week- How to Best Use Surveillance
Greetings, good surveillance can be an effective tool in defending a WC claim in Florida. The decision on how, when and where to use it effectively can be tricky. The three primary objectives in utilizing surveillance are: Pursuing a 440.105...