Blog
Morgan’s Tip of the Week – TPD During COVID Layoff, AWW
Greetings, A JCC level case from a week ago caught my eye because it dealt with two issues that I am being asked about fairly frequently. (JCC level cases are not “the law”, and they are not binding on other JCC’s, but are sometimes good indicators as to how other...
Morgan’s Tip of the Week – Temporary MMI
Greetings, I often get questions on what to do when a claimant’s unrelated personal health issues delay surgery or treatment. Well the 1st DCA just affirmed a JCC decision on the issue (without a written DCA opinion) in Carter vs. Seminole Express (April 8,...
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...
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...
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...
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...
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...
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...
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...
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”...