Blog
Morgan’s Tip of the Week- Thanksgiving shenanigans season
Greetings, Once again, as we prepare to gather with family and friends to celebrate the season, we must be on our toes for 1-time change shenanigans. As we are all aware, based on multiple 1st DCA decisions interpreting the 1-time change section of the FL WC...
Morgan’s Tip of the week- Medical Clearance (FL law)
Greetings, Often, we have to treat a claimant’s underlying personal health condition to get it under control so they can treat for our compensable WC injury. The treatment of personal health conditions would fall under the Hindrance to recovery theory, and common...
Morgan’s Tip of the week- What does Idiopathic mean now?
Greetings, Well maybe I don’t know what I thought I knew. Since the 1989 Grimes case, the law on idiopathic accidents had been fairly well settled. Idiopathic accidents are when a claimant is just walking and their knee gives way, or they pass out, suffer a...
Morgan’s Tip of the Week- Post-Hospital issues
Greetings, Several issues often pop up after a claimant is seen at the hospital following a work accident. Here are a couple of scenarios, resulting issues and possible solutions: Employer doesn’t know the claimant went to the hospital- Sometimes the Employer...
Tip of the week- Updated WC Covid stats from the state
Greetings, I miss doing tips about carpal tunnel and stuff. The FL Department of Financial Services has released an updated report on the Covid WC claims statistics through 7/31/21. A link to the entire report is below, but here are some nuggets I pulled from the...
COVID & Florida Workers’ Comp
Wes Heim - Tampa wheim@eraclides.com In July of 2020 we took a look at the OJCC and the impact of COVID-19 generally (July 2020 Article) and in September I revisited the topic noting some of the emerging litigation trends (September 2020 Article). Just a few months...
Morgan’s Tip of the Week – Covid compensability refresher
Greetings, As you can imagine with the surge in Covid cases due to the Delta variant, I am seeing a big increase in the number of questions I am getting about Covid compensability situations. My colleague Wes Heim in our Tampa office is preparing an article...
Parking Lots, Clocked In or Out and Tater Tots
Greetings, Over the last week I have received several questions about compensability of accidents in parking lots and being off the clock. First issue that needs to be sorted out is whether the parking lot is considered the employer’s premises. Under the...
Morgan’s Tip of the Week – FL Medical Marijuana Update
Greetings, On June 30, the 1st DCA ruled on whether an Employer/Carrier has to authorize a “referral for Medical Marijuana” in Jones v. Grace Healthcare (1D19-1684), case attached. The DCA found the E/C did not have to authorize the referral: “Under Florida law,...
Morgan’s Tip of the Week – Losing Control of One Time Change
Greetings, The 1st DCA issued a troubling decision regarding 1-time changes in St. Lucie Public Schools v. Alexander (case attached). In this case, the E/C timely responded to the 1-time change request, but because there was a 16-day gap in following up on an...