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Briefly Speaking – Case Law Updates (5/8/19)

Falk, Kurt vs. Harris Corporation First DCA Judges: Lewis, Winsor, Thomas           Order Date: 4/11/2019 JCC Dietz: Sebastian/Melbourne District               Order Date: 5/10/2018 OJCC Case:   13-028933RLD                                       Date of Accident:...

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Greetings, There is some understandable confusion as to when a claimant is entitled to “prevailing party” costs for filing a Petition for Benefits.  The Jennings case (below) was the when the 1st DCA separated entitlement to costs from entitlement to attorney fees....

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Medical Necessity – 3 day or 10 day rule?

By: Kristofer Vander Pyl, Associate, Orlando To be compensable, the Florida Statute 440 requires the treatment, device, or aid be medically necessary. When it comes to the authorization of medical care, we only have two avenues of denial: 1) the major contributing...

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You down with CBD? (Yeah you know me!)

By: Sabrina Persuad, Associate, Tampa Cannabidiol, better known as “CBD”, is becoming increasingly popular and generating quite the buzz. In fact, Naughty by Nature called and changed the lyrics to their 1991 hit “O.P.P.” to “CBD”. I’m kidding. CBD is a naturally...

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Briefly Speaking – Case Law Updates (4/17/19)

Marine Max, Inc. and Seabright Insurance v. Charles Blair JCC Beck: Sarasota District                                                     Order Date: 3/7/19 DCA#:1D17-3296                                                                      Date of Accident:...

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Morgan’s Tip of the Week – Medical Marijuana JCC Decision

Greetings, We now have a JCC level decision addressing Medical Marijuana in the FL WC system.   The claimant injured his back in 2001, and had been in long term pain management for chronic pain.   Under the WC claim, his current medications where Lyrica and...

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Morgan’s Tip of the Week – CBD Oil In WC

Greetings, I am starting to see questions more frequently about doctors certifying use of medical marijuana in Florida WC.  As far as I am aware, these requests are all being denied because it remains illegal at a Federal level. The question now is what about CBD...

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Death: The Final Benefit

By: Michael Casto, Associate, Orlando In fairy-tales and movies, chimney sweeps always wear top hats and tails, and they are covered in soot.  This is not a fairy-tale or Mary Poppins, however, but rather workers’ compensation and real chimney sweeps.  Picture, if...

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