Blog
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...
The Virtue of Etiquette
By: Gina Case, Associate, Sarasota While I was visiting colleges during my senior year of high school, I clearly remember a quite unusual individual. She must have been in her late 60’s with grey hair and a slender build. But it wasn’t her age or looks that made...
Firefighters Covered For 21 Kinds Of Cancer On July 1, 2019
By: Michael Arington, Associate, Jacksonville Under newly created Fla. Stat. 112.1816, firefighters will be covered for 21 types of cancer starting July 1, 2019. The new law also provides for a one time $25,000.00 payment upon the initial diagnosis along with a...
Morgan’s Tip of the Week – Company Vehicles
Greetings, in the last few weeks I have had several questions about company vehicles and the impact on compensability. Normally, an employee’s trip to and from work is not compensable under the Going or Coming rule. There are exceptions of course for Traveling...
Briefly Speaking – Case Law Updates (5/8/19)
Falk, Kurt vs. Harris Corporation First DCA Judges: Lewis, Winsor, Thomas Order Date: 4/11/2019 JCC Dietz: Sebastian/Melbourne District Order Date: 5/10/2018 OJCC Case: 13-028933RLD Date of Accident:...
Medical Necessity – 3 day or 10 day rule?
By: Kristofer Vander Pyl, Associate, Orlando To be compensable, the Florida Statute 440 requires the treatment, device, or aid be medically necessary. When it comes to the authorization of medical care, we only have two avenues of denial: 1) the major contributing...
The Psychology of Pain and Marijuana Treatment in the Context of Workers’ Compensation – What’s Next for Florida Claims?
By: Marian Greer, Associate, Sarasota On a national level, there are claimant-friendly changes underway. According to industry commentators, trends toward lowering the cost of care, political changes in many states, and a more holistic view of injuries may impact...
You down with CBD? (Yeah you know me!)
By: Sabrina Persuad, Associate, Tampa Cannabidiol, better known as “CBD”, is becoming increasingly popular and generating quite the buzz. In fact, Naughty by Nature called and changed the lyrics to their 1991 hit “O.P.P.” to “CBD”. I’m kidding. CBD is a naturally...
Briefly Speaking – Case Law Updates (4/17/19)
Marine Max, Inc. and Seabright Insurance v. Charles Blair JCC Beck: Sarasota District Order Date: 3/7/19 DCA#:1D17-3296 Date of Accident:...