Blog
Morgan’s Tip of the Week – COVID and SOL issues
Greetings, I have received a few questions regarding COVID-19 claims that have been accepted as compensable as occupational disease claims, but no actual treatment is needed. By one report, 85% of those testing positive have little to no symptoms, and no...
COVID-19 and The OJCC
With the pandemic upon us it should be no surprise there has already been a direct impact to the Florida Workers’ Compensation System. Monitoring the OJCC Orders docket closely, I have collected Orders demonstrating how the OJCC has been dealing with the pandemic...
Briefly Speaking – FL Case Law Updates: Attorney Fee Issue (7/7/20)
ATTORNEY FEE ISSUE Carlton Dawson v. Dynamic Precision Group JCC Johnson: West Palm Beach Order Date: June 12, 2020 OJCC Case: 19-005502 JCC Order: Click Here Claimant’s Counsel: Michelle...
Morgan’s Tip of the Week – July Pitfalls
Greetings, hope everyone had a good 4th. Couple of pending pitfalls today and later this month: Today- look out for 1 time changes from late Thursday or over the weekend. Review everything carefully, watch out for anything saying “an alternative physician” or...
Morgan’s Tip of the Week – Litigation By the Numbers
Greetings, Before the numbers, a few tidbits that came up already today: Testing- I am hearing of physicians requiring claimants to get tested for COVID before surgery. We will likely have to pay for the test under surgical clearance, unless there are free...
Morgan’s Tip of the Week – New 1-Time Change Changes
Greetings, On May 29th, the 1st DCA issued a ruling in a case involving what satisfies a 1-time change request, and certified a question to the Florida Supreme Court on the matter. The case is City of Bartow v. Flores, link attached. The facts are as follows: On...
Morgan’s Tip of the Week – Future TPD battles
Greetings, As businesses start to reopen and claimants start to return to their light duty or modified positions, I foresee some issues we will have to deal with from a WC perspective. As always I recommend any light duty offers be in writing. Even if there was...
Morgan’s Tip of the Week – Unemployment and Retro Offsets
Greetings, In Florida, Unemployment benefits are an offset to any TPD owed and a bar to TTD. More than 1.2 million Floridians have filed for Unemployment since March 15. That is a staggering number. And what is worse, I am sure many of you have heard of the...
Morgan’s Tip of the Week – Fla Re-Opening for Some Medical Treatment
Greetings, Florida has made the decision to enter Phase 1 of re-opening starting Monday May 4th (except for 3 counties, Miami-Dade, Broward and Palm Beach). One of the issues affecting our claims has been the delay in surgeries and medical treatment due to the...
Morgan’s Tip of the Week – Investigating COVID Claims
Greetings, hope everyone is well and staying sane. I am receiving several daily questions about compensability of COVID-19 claims under 440.151 Occupational Disease. A point to remember, unless someone actual has contracted the virus, there is no “injury” and...