Blog
Georgia’s Petition for Medical Treatment – Expansion to Cover Employer’s Request to Compel Attendance at Medical Examination
By: Trisha Holland Lindsay, Associate, Georgia On September 1, 2019, the Georgia State Board’s revised 2019 Board Rules went into effect. The new Rules include a new process allowing Employers and Insurers to request a Teleconference to compel the Claimant...
New Georiga Case Law Clarifying the Intersection of the “Lunch Break Defense” and the “Ingress and Egress Doctrine:”
By: Zachary Kunz, Associate, Georgia In Georgia, we know that employees who are hurt during a “regularly scheduled break” are generally not compensable. Wilkie v. Travelers Ins. Co., 124 Ga. App. 714 (1971). The so called “Lunch Break Defense” applies even...
While Claims May Make You Cringe and Scream, May Luck Be Yours on Halloween!
By: Betsy Campo, Partner, Gainesville The date was October, 1991. After the first few stressful weeks of my third year of law school, I was looking forward to the annual “Come Dressed as Your Favorite Tort Case or Television Character” Halloween party...
TPD Entitlement After Termination?
By: James Colquitt, Associate, Orlando A common source of confusion is entitlement to TPD benefits after a claimant is terminated. It is no surprise that this is a frequently litigated issue. With regards to the burden to establish a causal connection between a...
Morgan’s Tip of the Week – Getting MMI and PIR’s
Greetings, Sometimes when we are dealing with doctors who are not as familiar with the WC system, we have a difficult time getting them to address MMI, impairment ratings, etc…and complete the DWC-25.. Well the statute does provide us with some tools to help. ...
Morgan’s Tip of the week- Litigation Volume in Florida
Greetings, DOAH (Division of Administrative Hearings) , the entity that runs the Fla WC court system just put out their preliminary annual report on the statistics of the Mediation process. The full annual report on the entire system should be out in a month or...
Briefly Speaking – FL Case Law Updates (10/1/19)
Corripio, Luis R. vs. Coastal Export Inc. JCC Jacobs: Miami District Order Date: 9/16/2019 OJCC Case: 18-026824JIJ, 19-002249JIJ Date of Accident: 11/1/2016, 3/7/2017 Claimant’s Counsel: Richard J. Dolan,...
Morgan’s Tip of the Week – 120 Day Rule
Greetings, By special request, here is a tip on the “120-day rule”, one of the more frequent questions I see. Because of conflicting caselaw over the years, there is still some lingering confusion. The 120 day rule goes to the compensability of the accident...
Morgan’s Tip of the Week – Exposure Claims (again)
Greetings, one of the most frequent questions I get is about exposure-type claims. This is the tip I sent last year on it, so I thought I would resend. When the statute was amended in 2003, the Fla. Legislature intentionally created a higher burden for a claimant...
Marijuana Issues
Greetings, I am starting to see a few claims where the claimant tests positive for marijuana post-accident, and they have a Florida medical marijuana card. I have not yet seen one where the drug screen was done within a short enough window of time to deny the...