Blog
Treat Yo’ Self – Self-Help in FL Workers’ Comp.
By: Wes Heim, Associate, Tampa When treatment is denied in a pending comp. claim, an injured worker may be permitted to seek initial treatment at the expense of the Employer under Fla. Stat. 440.13(2)(c) (2003). The initial burden to the Claimant is to demonstrate...
New Texting (And Reading) While Driving Ban In Florida Began July 1
By: Chelsea England Leonard, Associate, Orlando Put that phone down! Answering emails, checking the headlines, and looking at dog memes while behind the wheel now comes with new consequences. A new, stricter law has gone into effect in Florida on July 1, 2019,...
Morgan’s Tip of the Week – Annual Visits for SOL Purposes
Greetings, I am often asked what can be done with the “old dog” claims where the claimant simply goes to the doctor once a year to keep the Statute of Limitations from expiring. There is a case that addresses the issue, but also a word of caution. You have to look...
Morgan’s Tip of the Week – TPD Defenses
Greetings, Probably one of the most commonly litigated benefits is TPD after a claimant is terminated or quits. In fact, I just had a trial on the issue (the good guys won). There are a few different scenarios: Claimant terminated for Misconduct- If a claimant...
Briefly Speaking – Case Law Updates (7/22/19)
Phillips, Patricia vs. Leon County Public Works & Preferred Government Claims Solutions & Mary Elizabeth Cruickshank First DCA Judges: Makar, Winokur, & Thomas Order Date: 7/9/2019 JCC Lazzara: Tallahassee District Order...
Briefly Speaking – Case Law Updates (7/17/19)
Addison Drywall/Bridgefield Employers Ins. v. Salvador Torres and CRB Contractors/Normandy Ins. JCC Owens: St. Lucie District Order Date: 5/13/2019...
Briefly Speaking – Attorney’s Fee Issue (7/12/19)
Debra Green v. BJs Wholesale JCC Ring: Fort Lauderdale District Order Date: June 14, 2019 OJCC Case: 18-021952 JCC Order: Click Here Claimant’s Counsel: Bram Gechtman E/C’s Counsel: Angel Garcia Hourly Fee...
Morgan’s Tip of the Week – Uncooperative Claimants
Greetings, I have had a few questions about denying a claim when a claimant has been uncooperative in a few different scenarios. Most of the time, the statute does not allow for a full denial, but there are some remedies available to the Employer/Carrier. Claimant...
My Birthday Wish for WC
Greetings, thanks to my colleagues blasting on firm wide emails, social media and linkedin that it was my birthday last week, I received around 250 emails and texts, while I was trying to have a day off. (Please don’t send any now, I get it, you want to wish me a...
Morgan’s Tip of the Week – When is Reasonable Reasonable?
Greetings, If a claimant refuses a light duty job offer, we do not have to pay TPD, unless the refusal was “justifiable.” 440.15 (6) EMPLOYEE REFUSES EMPLOYMENT.—If an injured employee refuses employment suitable to the capacity thereof, offered to or procured...