Blog
“Noa” When to Include Bonuses in Your AWW Calculations, By Chelsea England Leonard, Associate, Orlando
A request for an increase in the average weekly wage (AWW) is one of the most common requests in a Petition for Benefits. Calculating the AWW seems easy enough – add up thirteen weeks of earnings and divide by thirteen. While calculating the AWW may seem elementary, it can be tricky when determining what constitutes […]
A Playbook for Medical Evidence, By Betsy Campo, Partner, Gainesville
It is March madness time, and nothing is more thrilling than seeing the excitement of the teams as they come together and the best of the best battle for the championship. In some ways, it causes me to reminisce about the teamwork that has gone into defending the more memorable cases I’ve handled over the […]
Morgan’s Tip of the Week- DOAH changes
Greetings, As you may have heard, the Division of Admin Hearings (DOAH) just confirmed some long-rumored closures of 4 physical Judge of Compensation offices, Lakeland, Sebastian/Melbourne, Gainesville and Port. St. Lucie venues. The Judge in Lakeland, Judge Arthur will be headquartered in Tampa and the Judge in Gainesville, Judge Stanton, will be headquartered in Jacksonville. […]
Briefly Speaking (4/4/2022)
Steven Silberberg v. Palm Beach County School Board and York Risk Services Group First DCA Judges: Tenanbaum, Thomas, Winokur Order date: 2/16/2022 JCC Stephenson: West Palm Beach District Order date: 11/26/2019 OJCC Case: 19-006573CJS Date of Accident: 2/21/2019 Appellate Order: Click Here Briefly: Compensability in the age of Valcourt Summary: […]
Morgan’s – Tip of the Week
Greetings, last week the 1st DCA issued a decision regarding the Going and Coming rule (440.092(2)) in the Aquino v. American Airlines case. In this case, the claimant had clocked out, and walked through the airport terminal towards the parking lot shuttle bus stop to take the shuttle to the airport-employee parking lot. He injured […]
Morgan’s Tip of the Week-Important “Arising out of” Caselaw
Greetings, last week the 1 DCA issued a very important decision regarding the meaning of “Arising out of” means and its impact on idiopathic claims. To this day, the number one question I seem to get is is it compensable if a claimant is just walking at work and falls (in fact we have a […]
Briefly Speaking – Case Law Updates (February 2022)
Michael Pendrotti v. Circle K and Constitution State ServicesJCC Young: St. Pete District Order Date: 1/18/2022OJCC Case No: 21-014083RLY Date of Accident: 6/8/021Claimant’s Counsel: Joe Rooth E/C Counsel: Ya’Sheaka C. WilliamsJCC Order: Click Here Briefly: Specialist Referral Summary: The claimant was involved in a compensable workplace accident resulting in injury to her wrist, back, and […]
Morgan’s Tip of the week- Changes to the WC Rules of Procedure
Greetings, There are some amendments to the “Q-Rules”, the WC Rules of Procedure that go into effect on Monday, 2/14/22 (so consider this my little gift to you). Most of the changes are minor and are more on our end as defense attorneys, but three that should be noted for adjusters and employers: 1) Before […]
Who’s Employee Are They Anyways?, by Lexi Laufer, Associate, Atlanta
Few concepts have spurred more debate and dispute in recent years than the ever-changing definition of “employee,” and the establishment of an employment relationship under the Georgia Workers’ Compensation Act. As the national work force continues to evolve from one-dimensional employment relationships to multilevel employment relationships, the foundational principles upon which the Workers’ Compensation Act […]
A Recent First DCA Ruling May Have Some Injured Workers “Up in Smoke”…Or, will it?, by Tracie Childers, Associate, Orlando
Orlando Florida has seen a rise in residents with medical marijuana cards since the legalization of marijuana for medical use in 2016. Not surprisingly, the legalization of medical marijuana at the state level is now raising questions of its use and the doctors that prescribe it under the Florida workers’ compensation judicial system. According to […]