Blog
Morgan’s Tip of The Week – WC Rate Increase on Hold
Greetings, Due to the changes in the law from the Castellanos and Westphal cases, WC rates in Florida were set to increase by 14.5% tomorrow, 12/1/2016. However, a Miami claimant’s attorney filed a lawsuit against NCCI in Leon County, the rate setting agency,...
A Florida Lawyer’s Dream
By: Tara Said, Partner, Pensacola The day broke bright and sunny. Every young lawyer dreams about that one day that she might be offered the opportunity to be admitted to the United States Supreme Court. I have been a Florida licensed attorney for sixteen years but...
How to Keep Holiday Parties Fun, Festive, and Claim Free
By: James DaFonte, Associate, Miami As the holiday season rolls around, it is always a good idea to provide a refresher on the compensability of injuries at holiday parties. Over the next few months, there will likely be claims trickling in from the...
Temporary Benefits Entitlement in the Post-Westphal Era
By: Mike Quiggins, Partner, Tallahassee Earlier this year, the Florida Supreme Court issued its long awaited decision in Westphal that found Section 440.15 to be unconstitutional, and revived the pre-1994 law allowing for up to 260 weeks of temporary total...
Morgan’s Tip of the Week – 1-Time Change Shenanigans Time
Greetings, tis the season for 1-time change shenanigans week. In an effort to slide a request by and gain the right to pick the doctor, some claimant’s attorneys will send their requests at the last minute on Wednesday. Every year I get a handful of these...
Morgan’s Tip of the Week – 260 Weeks Applies to TTD AND TPD
Greetings, Yesterday, the 1st DCA confirmed that the Fla Supreme Court’s decision in the Westphal case applies to both Temporary Total and Temporary Partial Disability. In Jones v. Food Lion, Case No. 1D15-3488 (attached), the claimant filed for PTD at the...
Morgan’s Tip of the Week – Updated Statistics
Greetings, who doesn’t love statistics first thing Monday morning? If you feel busier these days, the numbers prove it. The Office of the JCC has put out some stats on litigation since the Castellanos decision (4/28/16). (For some reason I can’t see that they...
Morgan’s Tip of the Week – Claim Strategy
Greetings, Well we are 6 months (6 months 3 days and 21 hours but who is counting) since the decision in Castellanos, and the sky has not fallen entirely. Yes, we have seen a 14.5% rate increase, adjuster and employer depositions are being set, and we have been...
Georgia Update: Procedural and Practice Points for Claims Representatives
By: LeRyan Lambert, Associate, Atlanta Georgia Partner George Waters serves on The Board of Directors of the American Bar Association’s Workers’ Compensation Section. At a recent meeting, the State Board addressed three main points that are applicable to claims...
To Apply or Not to Apply: First DCA to Take First Look at Post-Westphal TPD Benefits
By: Mary Frances Nelson, Partner, Fort Myers Last month, Judge Spangler entered a Compensation Order in the case of Stuckey v. Hillsborough Area Regional Transit, OJCC Case No. 12-027186, denying payment of temporary partial disability benefits outside of the 104...