Blog
Morgan’s Tip of the Week – New 1-Time Change Changes
Greetings, On May 29th, the 1st DCA issued a ruling in a case involving what satisfies a 1-time change request, and certified a question to the Florida Supreme Court on the matter. The case is City of Bartow v. Flores, link attached. The facts are as follows: On...
Morgan’s Tip of the Week – Future TPD battles
Greetings, As businesses start to reopen and claimants start to return to their light duty or modified positions, I foresee some issues we will have to deal with from a WC perspective. As always I recommend any light duty offers be in writing. Even if there was a...
Morgan’s Tip of the Week – Unemployment and Retro Offsets
Greetings, In Florida, Unemployment benefits are an offset to any TPD owed and a bar to TTD. More than 1.2 million Floridians have filed for Unemployment since March 15. That is a staggering number. And what is worse, I am sure many of you have heard of the...
Morgan’s Tip of the Week – Fla Re-Opening for Some Medical Treatment
Greetings, Florida has made the decision to enter Phase 1 of re-opening starting Monday May 4th (except for 3 counties, Miami-Dade, Broward and Palm Beach). One of the issues affecting our claims has been the delay in surgeries and medical treatment due to the Exec...
Morgan’s Tip of the Week – Investigating COVID Claims
Greetings, hope everyone is well and staying sane. I am receiving several daily questions about compensability of COVID-19 claims under 440.151 Occupational Disease. A point to remember, unless someone actual has contracted the virus, there is no “injury” and...
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 unless...
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 week, a...