Blog
Tip of the week- Termination and TPD
Greetings, by special request, I am doing this tip on the effect a termination of employment has on TPD benefits. A. If the claimant voluntarily resigns, and the employer was providing light duty with no loss of earnings in the 80/80 formula, you...
Tennessee Case Law Update: When is an Overdose Compensable?
Do you have employees/claimants treating in pain management or with narcotics? Do you worry that overdose could result in fatal consequences, and whether that’s compensable? With the pain pill epidemic and risk of dependence and abuse, these are timely questions...
Occupational Exposure Victory in Alabama
Erin Agricola and Matthew Williams successfully defended a workers’ compensation lawsuit on behalf of a large tire manufacturer in February 2017. On or about September 20, 2015, while working in the line and scope of his employment, Plaintiff Jim Knox suffered an...
Raise it or Lose it: Attorney Fee Exposure on Petitions
By: Sean O’Neil, Associate, Jacksonville It is hardly a unique situation-- the claimant files a Petition for Benefits seeking an orthopedic referral or authorization of diagnostic testing while under the care of an authorized physician, but fails to attach the...
To Modify, Rent, or Buy: Catastrophic Injury Considerations
By: Ya’Sheaka Williams, Partner, Tampa What is the employer/carrier’s responsibility to an injured worker when an injury causes such disability that their current residence cannot accommodate them? This occurs in cases where the claimant sustains a catastrophic...
Preventing a Headache from Turning into a Nightmare: Compensability of Subsequent Injuries
By: Ryan Knight, Associate, Miami It is every adjuster’s worst nightmare, a serious accident followed by the development of an even more serious medical condition. What happens when a claimant is involved in a compensable accident and then suffers a heart attack or...
Morgan’s Tip of the Week – “High” Exposure Claims
Greetings, Soon we could be faced with claimants who, as my grandmother would say, are “taking the pot”. And I have recently been asked by several clients how to deal with “certifications” for usage of medical marijuana (it will be called a certification and not a...
Morgan’s Tip of the Week – PFB Responses
Greetings, well we are almost 11 months into the post-Castellanos world, and one thing is for certain; there has been an increase in Petitions for Benefits. Compiling the good and the bad of what I have seen over the past few months, here are a few do’s and dont’s...
Morgan’s Tip of the Week – Attorney Fee Trends
Greetings, as part of our Firm’s Briefly Speaking updates, a separate update is done on just the attorney fee awards so we can all track our exposure. For January, for the cases that went to a fee hearing, the dollars awarded were: Hourly rate Total Venue...
Morgan’s Tip of the Week – 1 Time Change Stays The Same
Greetings, The 1st DCA again addressed issues with the 1-time change section of the statute (440.13(2)(f) in Zekanovic v. American II, Corp (1D16-3669) last month. In this case, the claimant requested his 1-time change on 12/23, and given the 5 calendar days to...