Blog
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...
Difficulties with the Waiting Period under §440.12(1)
By: Sal Coppolino, Associate, Jacksonville Florida Statute §440.12(1) created what is commonly known as the “waiting period” of indemnity benefits. In short, indemnity compensation is not due for the first 7 days of the claimant’s disability, unless the injury...
Potential For Settlement Of Supplemental Benefits Entitlement for Accidents Prior To 7/1/1984
By: Ed Williamson, Senior Counsel, Jacksonville For dates of accident prior to July 1, 1984, the State of Florida pays supplemental benefits for the Claimant’s entire life, and the Carrier pays the base PTD benefit. The supplemental benefits are actually paid...
Growing Pains – The Implementation of Florida’s New Opiate Prescription Laws
By: Caitlin Oliver, Associate, Orlando As of July 1, 2019, a new Controlled Substances law went into effect in Florida which alters requirements for prescribing opiates. House Bill 451, Nonopioid Alternatives, was approved by Governor DeSantis and requires that...
Do You Have the Heart to Sue? An Analysis of The Compensability of Heart Attack Claims in Georgia
By: Kenny Bishop, Associate, Georgia In Georgia, heart attacks and strokes are not generally compensable as workers’ compensation injuries; however, if the Claimant can prove “by a preponderance of competent and credible evidence” that the Claimant’s employment...
Morgan’s Tip of the Week – Subro Liens
Greetings, Subrogation is one of the more frustrating and intricate aspects of Fla WC law. In essence, the idea is that a claimant should not be able to “double-dip” and collect money from a liability lawsuit and a WC claim for the same things, like medical...
Briefly Speaking – Attorney Fees Issue (8/7/19)
Grisel Hernandez Garcia v. Napa Auto Parts JCC Jacobs: Miami District Order Date: July 11, 2019 OJCC Case: 17-022286 JCC Order: Click Here Claimant’s Counsel: James Payer E/C’s Counsel: Kurt...
Do Undocumented Workers Have Rights Under Workers’ Compensation?
By: Sean Callahan, Partner, Orlando According to the Pew Research Center, unauthorized immigrants made up 4.8% of the U.S. labor force in 2016, a decline since their peak of 5.4% in 2007. However, Florida had 5.6% (again, from 2016), which is obviously above the...