Blog
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...
Coronavirus Update – Tennessee Law
Greetings, my colleague Ryan Mirian in our Nashville office was kind enough to put this together regarding compensability in TN. Ryan’s contact info is below, and also below are the GA and FL Tips. Coronavirus disease (COVID-19) presents an interesting issue for...
Coronavirus Update – Georgia Law
Greetings, we have received some questions regarding the compensability of COVID-19 in Georgia Workers’ Compensation. My colleague Lexi Laufer in our Atlanta office was kind enough to put this together regarding GA law. The Florida analysis is below that, and I...