Blog
Morgan’s Tip of the Week- Things that scare me
Greetings, thought it would be a good day to reflect on the things that scare me most these days in handling a FL WC claim: Missing a 1-time change: Unfortunately, the DCA has allowed this provision of the statute to really be a matter of...
Morgan’s Tip of the week- Negotiating advances
Greetings, Under the current state of the Florida law, a claimant can request an advance of up to $2,000 in their claim, even if the claim has been denied, and regardless of whether or not the E/C will be able to recoup it. (There is a 2nd layer of...
Morgan’s Tip of the Week-Give me a break?
Greetings, I get quite a few compensability questions about accidents that occur on breaks/lunch breaks. Per the caselaw there is a difference between a regular “15 minute” type break and a lunch break. The issue of whether it is a paid or...
Morgan’s Tip of the Week-Clmt moves away from light duty
Greetings, What do you do when a claimant moves away from a light duty job and the Employer does not have any light duty work in the geographic area of the claimant’s new residence? At first glance, it feels like that is a voluntary limitation of income, and you...
Morgan’s Tip of the Week- Types of Claimant Atty Fees in FL
Greetings, The world of claimant attorney fees can be somewhat confusing, so I thought I would go over the types of fees under the law. There are attorney fees that are paid by the Employer/Carrier, and those that are paid by the claimant to their attorney...
Morgan’s Tip of the Week- partial TPD denials
Greetings, How do you handle a claimant who refuses or is fired from light duty, if the light duty offered did not pay 80% of their AWW? For example, the employer can only offer 20 hours a week light duty, and the carrier is paying some TPD based on the...
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...