Blog
Florida’s 2021 COVID Lawsuit Limitation Law
Wes Heim – Tampa wheim@eraclides.com Just a few days ago Governor DeSantis signed Senate Bill 72 into law and, in doing so, created a robust shield against the anticipated onslaught of COVID-19 lawsuits within the State of Florida. Generally, the provisions of the law are assured to deflect all but the most egregious […]
Morgan’s Tip of the Week – Are you talkin’ to me?!??
Greetings, For some reason, over the last few weeks I have had quite a few questions regarding “fight” cases. I guess everyone is on edge these days. To be compensable, there are three questions to be asked: First, that the workplace was not merely the fortuitous site of the altercation. San Marco Co. v. Langford, […]
Briefly Speaking – Case Law Updates (3/11/21)
Edgardo Rossy v. W.S. Badcock Corporation and Commercial Risk Management, Inc. JCC Arthur: Lakeland District Order Date: 2/12/2021 OJCC Case: # 20-012782 Date of Accident: 5/24/2020 , 6/29/2020 Claimant’s Counsel: Pat T. DiCesare E/C Counsel: Juliana L. Curtis JCC Order: Click Here Briefly: Intervening Accident, Arising out of/Course & Scope Summary: The […]
Morgan’s Tip of the Week – Subsequent Intervening Stuff
Greetings, Especially since the onset of COVID, we have to deal with a number of different scenarios where a personal or unrelated condition interfered with treatment for the WC injury or light duty. A few examples and solutions: Claimant unable to continue working LD because of unrelated personal health condition- you can suspend TPD as […]
Morgan’s Tip of the Week – Attendant Care, Looking Ahead
Greetings, one of the elements of the proposed $1.9 Trillion COVID relief bill that is being negotiated in Congress is an increase the in the Federal Minimum wage. Rumor has it is that even if that gets stripped out it of the relief package, it will be a bill on its own. In Florida, if […]
Black History Month
On behalf of the firm, the Diversity and Inclusion committee, would like to share with you some history about Black History Month and notable African Americans who have contributed to the legal profession in the very states that our firm serves. Black history month started more than 100 years ago in 1915 in Chicago, Illinois. […]
Morgan’s Tip of the Week – Late Reporting of COVID Claims
Greetings, I have had several questions about a claimant reporting an alleged work-related COVID-19 claim well beyond the usual 30 day mark. While the WC statute says a claim must be reported within 30 days of when a claimant knows (or finds out from a doctor that it is work related), there is an exception […]
Morgan’s Tip of the Week – 120 Day Rule Backdoor Escape Hatch
Greetings, There has been a recent slew of cases addressing the 120 day rule, and estoppel arguments regarding the Employer/Carrier’s failure to deny part or all of a claim or injury. However, none of these cases had arguments or issues regarding the “backdoor” caveat to the 120 day rule. If E/C doesn’t deny the accident […]
Morgan’s Tip of the Week – New Unemployment Assistance
Greetings and happy 2021! On December 30, the Federal Budget was signed into law (Consolidated Appropriations Act, 2021), and as a part of that bill was the Coronavirus relief measures (Coronavirus Response and Relief Supplemental Appropriations Act, 2021) The bill is 5,393 pages, it is not a real page-turner. The bill provides for $600 stimulus […]
Morgan’s Tip of the Week – Year End PTD Cleanup Issues
Greetings, A few reminder notes for the PTD season: Do not forget to adjust any PTD supplemental benefits effective 1/1/21. Date of accident after 10/1/2003- it’s a 3% increase. The formula is 3% x number of years since the accident x comp rate. PTD supplemental benefits end at age 62 (unless the accident prevented them […]