Blog
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...
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...
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...
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 HereBriefly:...
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...
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...
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...
The Longest Time Long-Haul COVID, Causality, and the 120-Day Rule by Wes Heim, Tampa Office
In March of 2020 Florida’s Chief Financial Officer, Jimmy Patronis, issued a directive indicating Frontline StateEmployees 1who test positive for COVID should be generally processed as compensable occupational diseaseworkers’ compensation claims. Despite this, the...
Morgan’s Tip of the week- Response times
Greetings,There is quite a bit of confusion as to what timeframe an adjuster has to respond to a request for benefits underFlorida law. And the answer is..it depends how they ask and who is asking. Good Faith Letter: There is no requirement an adjuster responds to...
Morgan’s Tip of the week- Old law 401 week cap
Greetings, For claimant’s with a date of accident between 1/1/1994 and 9/30/2003, there was a cap on the window where temporary benefits were available of 401 weeks. Under 440.15(3)(c) they had to use their 104 weeks (back then) of TTD or TPD within 401 weeks (7...