Blog
Tip of the Week- Legalization of Marijuana (The Start)
Greetings, the U.S. House of Representatives Judiciary committee approved a bill this week de-criminalizing marijuana at the Federal level. It will now head to the full House for a vote, and then it would need to be approved by the Senate and then the President...
Turkey Week 1-Time Change Malarkey
Greetings, it’s the season for 1-time change shenanigans. So here is a refresher and where the law sits on the process. 5 days is 5 days. If a request comes in Wednesday of Thanksgiving anytime before 5:00 (and that is the faxed or efiled timestamp of 4:59:59 or...
Morgan’s Tip of the Week – Impairment Benefits
Greetings, lately I have received a few questions about impairment benefits (AKA permanent impairment benefits, IB’s or PIB’s). When are they due? Per 440.15(3)(a) they first payment is due 14 (calendar) days after the carrier has knowledge of the rating. So the...
Georgia’s Petition for Medical Treatment – Expansion to Cover Employer’s Request to Compel Attendance at Medical Examination
By: Trisha Holland Lindsay, Associate, Georgia On September 1, 2019, the Georgia State Board’s revised 2019 Board Rules went into effect. The new Rules include a new process allowing Employers and Insurers to request a Teleconference to compel the Claimant...
New Georiga Case Law Clarifying the Intersection of the “Lunch Break Defense” and the “Ingress and Egress Doctrine:”
By: Zachary Kunz, Associate, Georgia In Georgia, we know that employees who are hurt during a “regularly scheduled break” are generally not compensable. Wilkie v. Travelers Ins. Co., 124 Ga. App. 714 (1971). The so called “Lunch Break Defense” applies even...
While Claims May Make You Cringe and Scream, May Luck Be Yours on Halloween!
By: Betsy Campo, Partner, Gainesville The date was October, 1991. After the first few stressful weeks of my third year of law school, I was looking forward to the annual “Come Dressed as Your Favorite Tort Case or Television Character” Halloween party...
TPD Entitlement After Termination?
By: James Colquitt, Associate, Orlando A common source of confusion is entitlement to TPD benefits after a claimant is terminated. It is no surprise that this is a frequently litigated issue. With regards to the burden to establish a causal connection between a...
Morgan’s Tip of the Week – Getting MMI and PIR’s
Greetings, Sometimes when we are dealing with doctors who are not as familiar with the WC system, we have a difficult time getting them to address MMI, impairment ratings, etc…and complete the DWC-25.. Well the statute does provide us with some tools to help. ...
Morgan’s Tip of the week- Litigation Volume in Florida
Greetings, DOAH (Division of Administrative Hearings) , the entity that runs the Fla WC court system just put out their preliminary annual report on the statistics of the Mediation process. The full annual report on the entire system should be out in a month or...
Briefly Speaking – FL Case Law Updates (10/1/19)
Corripio, Luis R. vs. Coastal Export Inc. JCC Jacobs: Miami District Order Date: 9/16/2019 OJCC Case: 18-026824JIJ, 19-002249JIJ Date of Accident: 11/1/2016, 3/7/2017 Claimant’s Counsel: Richard J. Dolan,...