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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. Gonzalez                E/C’s Counsel:   Sal Richardson JCC Order:   Click Here Briefly:  Compensability Summary:    The Claimant was involved in a motor […]

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 the State of Florida can show by preponderance of the evidence (more likely than not) […]

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 record number of people filed for unemployment benefits, 3.3 million people nationwide.  Florida had […]

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 situations due to the…uh….situation. TPD and economic layoffs- If […]

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: # 18-005944                                               Date of Accident: 10/12/2016 Appellant’s Counsel:    Will B. Ramhofer;                     Appellee’s Counsel: Kristen L. Magana JCC Order: Click Here   DCA Opinion: Click Here Briefly: […]

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 create restrictions on the claimant’s ability to work. To establish entitlement to TPD benefits, the claimant must […]

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 Burden. In order to successfully prove this burden, the claimant must prove that […]

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 timely raised. One recent JCC case, Burgess v. Environment Control of […]

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 Tennessee Workers’ Compensation claims with respect to causation. Given the increasing incidence of […]

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 will be sending a TN analysis in the next few days. Lexi’s contact info […]