Blog
Morgan’s Tip of the Week – Update on FL WC System
Greetings, I hope you are doing as well as can be under the circumstances. I have received a number of questions about the status of the FL WC system. In essence it is still functioning on schedule. All State Mediations are occurring by phone through 4/30. ...
Morgan’s Tip of the Week – Fla WC Guidance on COVID-19
Greetings, On 4/6, the Florida Office of Insurance Regulation (which all of you know from paying close attention during our 5 hr law and ethics CEU) issued an informational memo: TO ALL INSURERS AND ENTITIES REGULATED BY THE FLORIDA OFFICE OF INSURANCE REGULATION...
Briefly Speaking – Case Law Updates (4/8/20)
Edgar Santana v. EFN West Palm Motor Sales JCC Hedler: West Palm Beach District Order date: 2/28/2020 OJCC Case: 19-004619TAH Date of Accident: 1/24/2019 Claimant’s Counsel: Marcos R....
Morgan’s Tip of the Week – COVID and 1st Responders
Greetings, The CFO of Florida yesterday put out the attached directive extending WC coverage to “Frontline State Employees” who have tested positive for COVID-19 as an occupational disease. The Directive states in essence it is a presumption of compensability...
Morgan’s Tip of the Week – Changes in Unemployment Benefits/Offset Amounts
Greetings, What’s new? I hope everyone is managing to get through this stressful time. We will get back to normal…eventually. Promise. Florida WC law provides for a reduction/offset in benefits if the claimant is receiving unemployment benefits (UE). Last...
Morgan’s Tip of the Week – Questions in Today’s World
Greetings, I hope all of you are healthy, and managing to cope with the stress of this temporarily crazy world. Remember, this is temporary, we will get through it. Thought I would share a few of the Florida questions that I have been getting about various...
Briefly Speaking – Case Law Updates (3/30/20)
Marek Krysiak v. City of Kissimmee, Toho Water Authority, Preferred Gov’t Claims Solutions JCC Sculco: Orlando District Order Date: 2/13/2020 1 DCA Case #: 1D18-5241 OJCC Case: #...
TPD Eligibility After Post-Accident Termination For Cause: Do I Really Have To Pay This Claimant?
By: Abby L. Loeffler, Associate, Jacksonville Generally, temporary partial disability (TPD) benefits are payable to a claimant if the claimant has not reached overall maximum medical improvement from the injury and the medical conditions resulting from the injury...
Is the Maloney Burden Malarkey?
By: Kenny Bishop, Associate, Atlanta In the well known case, Maloney v. Gordon Farms, the Supreme Court established the burden of proof a claimant bears in order to claim entitlement to disability benefits after termination, which is commonly known as the Maloney...
Why Do Defenses Matter?
By: Rachel Perez Delgado, Associate, Jacksonville With the end of another glorious football season in sight, now is a great time to remember why the best offense is a good defense. There are many defenses in workers’ compensation that are deemed waived if not...