Blog
Morgan’s Tip of the Week – Advances
Greetings, I am seeing more and more claimants ask for advances on a PFB. However, even though its on a PFB, the JCC’s have ruled an advance is NOT a benefit, it’s a loan against future benefits. Therefore, even if you agree to provide it after 30 days after the...
Briefly Speaking – Case Law Summaries (1/30/19)
James, Christopher Kyle vs. Elite Signs & Graphics, O Town Graphix, LLC JCC Anderson: Daytona Beach District Order Date: 1/7/2019 OJCC Case: 18-015445WWA Date of Accident: 5/15/2018 Claimant’s Counsel: Michael MacDonald E/C’s Counsel: ...
Morgan’s Tip of the Week – Intoxication Defense, Preserving Samples
Greetings, I am working through a case now regarding the Intoxication defense, and thought it would make a good tip. More specifically, what to do if a claimant is taken to the hospital after the accident, and there is suspicion of drugs or alcohol. If the claimant...
CHANGE IS COMING! … To The Florida Rules Of Civil Procedure. Is Florida Workers’ Compensation Next?
Sean Jordan, Associate, Orlando, & Wes Heim, Associate, Tampa Do you struggle to get to sleep at night? Or do you find yourself dropping off around midnight only to be wide awake at 2 or 3am? If this sounds all too familiar, you could be searching for tips to help...
Employer/Carrier Paid Costs
Ryan Knight, Associate, Miami For as long as most people in the industry can remember, the standard response on all petitions for benefits was “No PICA due or owing.” That all changed, however, with Judge Hedler’s opinion in Alfronseca v. Marco Barquero Painting,...
Could Data From a Claimant’s Fitbit Be More Useful Than Surveillance?
Chris Niemiec, Partner, Jacksonville I recently took the deposition of a Claimant who was alleging a knee injury with ongoing complaints of pain and difficulty walking. To my surprise, he was wearing a Fitbit device on his wrist during the deposition. Wearable...
Briefly Speaking – Case Law Summaries (1/21/19)
William R. Kogler v. City of Palm Coast and FL League of Cities/Work Comp Claims Department JCC Anderson: Daytona Beach District Order Date: 12/27/18 OJCC Case: # 18-005944 ...
Morgan’s Tip of the Week – Ping Pong
Greetings, “Burden of proof” is one of those legal terms we defense attorneys throw around, but I have had the issue come up recently on compensability questions so thought it would make a good tip. Basically, it means who has to prove what. Think of the game of ping...
Briefly Speaking – Attorney Fee Issue (1/14/19)
Brian Phillips v. J.H. Williams Oil JCC Beck: Sarasota District Order Date: December 4, 2018 OJCC Case: 15-006114 JCC Order: Click Here Claimant’s Counsel: Rosemary B. Eure E/C’s Counsel: Mitchell R. Golden...
Morgan’s Tip of the Week – Medical Necessity Defense
Greetings and welcome to 2019, In the last week I have had the “3-day” and “10-day” rule argued in two cases, so here is a refresher. Under 440.13(3)(d) and (i), the carrier has to “respond” to a written request from the authorized provider in 3 days (if the treatment...