Blog
An Analysis of Recent O.S.H.A. Amendments and Impact on Mandatory Post-Accident Drug Screening
By: Ryan Lawson, Associate, Atlanta The Occupational Safety and Health Administration (O.S.H.A.) recently released an updated set of regulations governing employer requirements for workers reporting occupational injuries and illnesses. These updated regulations,...
Morgan’s Tip of the Week – DOAH Annual Report
Greetings, DOAH has published the annual report for their fiscal year, 7/1/15-6/30/16….DO NOT PRINT unless you want 236 pages. That window of time only contains two months of litigation post-Castellanos, but its interesting and shows statistics on each venue....
Morgan’s Tip of the Week – Holiday Party Claims
Greetings, Tis the season for holiday parties and functions, and inevitably holiday party claims. If its an in-office event during the workday its likely going to be compensable. The afterhours or when the workplace is closed events are trickier. As a reminder,...
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...