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Morgan’s Tip of the Week- 2024 Max Comp Rate and other year end reminders

Greetings,  a few year-end news, notes and reminders: “The maximum weekly compensation rate for work-related injuries and illnesses occurring on or after January 1, 2024 shall be $1,260.” https://www.myfloridacfo.com/docs-sf/workers-compensation-libraries/workers-comp-documents/bulletins/max-comp-rate-2024-information-bulletin.pdf That’s a $63 increase from 2023’s rate of $1,197.  This affects claims with a date of accident 1/1/24 or thereafter. For dates of accident from 10/1/2003 […]

Morgan’s Tip of the Week- Accidents at Employer Holiday events

Greetings, Tis the season…for WC injuries at Employer holiday events.   Compensable?  It depends. (This same analysis applies to all events throughout the year, not just holiday parties.) For an injury to be compensable from a recreational/social activity, two things must be true about the event: 440.092 (1) RECREATIONAL AND SOCIAL ACTIVITIES.—Recreational or social activities are not […]

Briefly Speaking November 2023 Editor: Felicia Wymer Authors: Libby Nelson & Travis Coleman

Dorothy and Merlanda Altesse Guardians of Employee Yolande Altesse v. Ventura Services/Golden Glades Opco LLC/Liberty Insurance Company and Benchmark Administrators JCC Weiss:   Ft. Myers District                                                      Order date:   10/12/2023 OJCC Case:   22-014026JAW                                                          Date of Accident:    5/29/2023 JCC Order:   Click Here Briefly:  Compensability – Going and Coming, Course and Scope. Summary:  […]

Morgan’s Tip of the Week- Thanksgiving 1-time change games

Greetings, Once again, as we prepare to gather with family and friends to celebrate the season, we must be on our toes for 1-time change shenanigans over Thanksgiving. As we are all aware, based on multiple 1st DCA decisions interpreting the 1-time change section of the FL WC statute (440.13(2)(f)), we have 5 calendar days […]

EG Gazette- November 2023

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Articles: Fights, Drugs and Alcohol – By: Chance Cuellar – Atlanta, GA Remote Work Injuries in Tennessee: Compensable or Nah? – By: Ben Norris – Nashville, TN Late Reported Claims: Cautions about Claimants and Employers – By: Hunter Trubatch – Miami, FL Editors: Kayli Marston – West Palm Beach, FL Alex Rukab – Jacksonville, FL […]

Morgan’s Tip of the Week- Things that scare me

Greetings,  thought it would be a good day to reflect on the things that scare me most these days in handling a FL WC claim: Watch out for the claimant to just cite the statute, “a doctor per 440.13(2)(f)”.   The request can be in a fax, email, PFB, etc.  but you still only have 5 […]

Morgan’s Tip of the week- Negotiating advances

Greetings,   Under the current state of the Florida law, a claimant can request an advance of up to $2,000 in their claim, even if the claim has been denied, and regardless of whether or not the E/C will be able to recoup it.  (There is a 2nd layer of advance of up to $7,500 […]

Morgan’s Tip of the Week-Give me a break?

Greetings, I get quite a few compensability questions about accidents that occur on breaks/lunch breaks.   Per the caselaw there is a difference between a regular “15 minute” type break and a lunch break.   The issue of whether it is a paid or unpaid break is not really the determinative issue.   The main factor in whether […]

Morgan’s Tip of the Week-Clmt moves away from light duty

Greetings, What do you do when a claimant moves away from a light duty job and the Employer does not have any light duty work in the geographic area of the claimant’s new residence? At first glance, it feels like that is a voluntary limitation of income, and you could deny Temporary Partial Disability.   Well…maybe…maybe […]

Morgan’s Tip of the Week- Types of Claimant Atty Fees in FL

Greetings, The world of claimant attorney fees can be somewhat confusing, so I thought I would go over the types of fees under the law.  There are attorney fees that are paid by the Employer/Carrier, and those that are paid by the claimant to their attorney (sort of anyway).  Settlements are typically worded as inclusive […]