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Morgan’s Tip of the Week- Indemnity during gaps in treatment

Greetings, An issue comes up when there is a gap in treatment, resulting in a gap in indemnity benefits.   The most common gaps I see are: From a pure technical claims handling standpoint, you do not owe the indemnity during any of these gaps IF that is all the evidence/information you have at that point. […]

Morgan’s Tip of the Week- PFB responses

Greetings and Happy New Year, I have been asked to do a refresher on responding to PFB’s.  (For those of you that want more details, we do offer a CEU that we can present on this topic). Here are a few key things to remember: Of note, you can file an amended PFB response within […]

Morgan’s Tip of the Week- Annual FL WC stats

Greetings, DOAH (Division of Administrative Hearings) just published their annual report, and it is a great study of where WC is today in Florida.  Below is a link to the report, but do not hit print unless you have a spare ream of paper just laying around, it is 282 pages. The study covers DOAH’s […]

Briefly Speaking- 2023 Tennessee Case Law Update

By Ben Norris | Tennessee Associate Lindsay v. State Industries, LLC, et al. (January 19, 2023) Appellate Court: Workers’ Compensation Appeals Board      Issue: Employee’s Lack of Medical ProofSummary: Despite his lack of medical proof to refute the opinions of two physicians who opined his work accident did not cause his back injury, the employee continued to pursue […]

Morgan’s Tip of the Week- 2024 Max Comp Rate and other year end reminders

Greetings,  a few year-end news, notes and reminders: “The maximum weekly compensation rate for work-related injuries and illnesses occurring on or after January 1, 2024 shall be $1,260.” https://www.myfloridacfo.com/docs-sf/workers-compensation-libraries/workers-comp-documents/bulletins/max-comp-rate-2024-information-bulletin.pdf That’s a $63 increase from 2023’s rate of $1,197.  This affects claims with a date of accident 1/1/24 or thereafter. For dates of accident from 10/1/2003 […]

Morgan’s Tip of the Week- Accidents at Employer Holiday events

Greetings, Tis the season…for WC injuries at Employer holiday events.   Compensable?  It depends. (This same analysis applies to all events throughout the year, not just holiday parties.) For an injury to be compensable from a recreational/social activity, two things must be true about the event: 440.092 (1) RECREATIONAL AND SOCIAL ACTIVITIES.—Recreational or social activities are not […]

Briefly Speaking November 2023 Editor: Felicia Wymer Authors: Libby Nelson & Travis Coleman

Dorothy and Merlanda Altesse Guardians of Employee Yolande Altesse v. Ventura Services/Golden Glades Opco LLC/Liberty Insurance Company and Benchmark Administrators JCC Weiss:   Ft. Myers District                                                      Order date:   10/12/2023 OJCC Case:   22-014026JAW                                                          Date of Accident:    5/29/2023 JCC Order:   Click Here Briefly:  Compensability – Going and Coming, Course and Scope. Summary:  […]

Morgan’s Tip of the Week- Thanksgiving 1-time change games

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 over Thanksgiving. As we are all aware, based on multiple 1st DCA decisions interpreting the 1-time change section of the FL WC statute (440.13(2)(f)), we have 5 calendar days […]

EG Gazette- November 2023

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Articles: Fights, Drugs and Alcohol – By: Chance Cuellar – Atlanta, GA Remote Work Injuries in Tennessee: Compensable or Nah? – By: Ben Norris – Nashville, TN Late Reported Claims: Cautions about Claimants and Employers – By: Hunter Trubatch – Miami, FL Editors: Kayli Marston – West Palm Beach, FL Alex Rukab – Jacksonville, FL […]

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: Watch out for the claimant to just cite the statute, “a doctor per 440.13(2)(f)”.   The request can be in a fax, email, PFB, etc.  but you still only have 5 […]