Blog
Morgan’s Tip of the Week- Medical Marijuana changes
Greetings, there was a recent case regarding the FL WC intoxication defense and medical marijuana, Orlando World Center Marriott v. Gonzalez Chanza, (PCA) 1D0023-1079 (Fla. 1st DCA 2024), OJCC 22-013883NPP. The JCC found that the claimant’s use of legally obtained medical marijuana did not warrant a denial of the claim under the intoxication defense. Summary […]
Eraclides Gelman welcomes our newest Junior Partner, Ben Norris
We have the pleasure in celebrating our newest Junior Partner Ben Norris of the Nashville Office! Ben has developed a strong client base, and zealously represents his clients. Congratulations Ben!
Eraclides Gelman New Partner- Kristofer Vander Pyl
Please join us in congratulating Kristofer Vander Pyl of the Orlando Office on becoming a Partner in the firm. Kris has done an excellent job for his clients, and has achieved great results on their claims. Congratulations Kris! Please join us in congratulating Kris on his achievement!
Morgan’s Tip of the Week- Impact of the storms on benefits
Greetings, I certainly hope everyone made it through both Helene and Milton safely. Enough already with the hurricanes. I have been getting a lot of questions about the impact of the storms on certain benefits, so I thought I would share. Of course each situation is unique, and you would have to balance litigation costs […]
Morgan’s Tip of the Week- Avoiding Atty Fees on AWW
We CAN do better! As always, please let me know if you have any questions. Join us for our upcoming Orlando, Tampa and Atlanta holiday parties (see flyer attached), and be sure to sign up for our educational FL, GA and TN CEU webinars: https://eraclides.com/events/ 4 hour FL law and ethics CEU on 12/4/24: https://eraclides.com/events/join-eraclides-gelman-for-the-4-hour-law-ethics-update/ […]
Briefly Speaking September 2024
Editor: Felicia Wymer, Partner, Pensacola Office Author: Travis Coleman, Junior Partner, Tampa Office Author: Libby Nelson, Associate, Orlando Office Maria Ferrer Carrasco v. The School Board of Palm Beach County/Davies Claims North America, Inc. JCC Anderson: West Palm Beach District Order date: 07/31/2024 OJCC Case: 22-006698GJJ Date of Accident: 02/03/2022 JCC Order: Click Here Briefly: […]
Morgan’s Tip of the Week- Independent Contractor vs. Employee
Greetings, by special request, this Tip is about employee/employer relationship as it relates to1099 employees/Independent contractors. In general, the FL WC law favors finding these individuals are employees and are covered under Workers Comp unless they can prove certain elements. The statute sets out a set of criteria to be considered an independent contractor, and […]
Morgan’s Tip of the Week- 2025 FL fee schedule increase and MSA’s
Greetings, Effective 1/1/25, 105 days from now, the Florida WC fee schedule for surgeries and physician visits is increasing fairly significantly. Surgeries will cost 50% more and doctor’s visits will cost 60% more (see below). Now may be the opportune time to run a Medicare Set Aside on any claims where there are future surgeries […]
Morgan’s Tip of the Week-Post-MMI treatment/annual visits
Greetings, After a claimant has reached Maximum Medical Improvement (MMI), they can continue to treat in Florida until or unless one of a few things happens: The applicable statutes are below. The first two above require an opinion from the treater. And it is always a balance, the cost of possibly causing litigation versus paying […]
Morgan’s Tip of the Week- Safety reduction
Greetings, A common phrase when discussing claims that appear to be caused by the claimant’s own less than well thought out action is “stupidity is not a defense.” However, on occasion, “stupidity” can cost the claimant money. Under the Florida WC statute, if the injury is caused by the claimant refusing to use a “safety […]