Blog
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 expiration...
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 gave...
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 hit...
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...
“Do I have to offer a Panel?” – Tennessee Claims
By: Allen Grant, Partner, Nashville Possibly the most common question I get from clients is, "Do I have to give them a panel of physicians?" The answer is relatively simple under the new law constructs in Tennessee. By and large, if medical treatment is required for...
Can the Federal Government Sweep in to Reform the Workers’ Compensation Statutes?
By: Ryan Knight, Associate, Miami Should the federal government oversee state workers’ compensation systems? If so, what would that look like? Does the federal government even have the authority to regulate state administrative courts? The only time the federal...
Morgan’s Tip of the Week – Attorney Fees
Greetings, Below is a link to a summary of the JCC decisions in the month of September on claimant’s attorney fees on our firm’s website. (If you don’t receive a copy of our firm’s Briefly Speaking emails, JCC and DCA decisions summarized by my partner and former...
FL Case Law Summaries – 10/24/16
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com UPDATE ON ATTORNEY’S FEES - HOW MUCH ARE THE COURTS AWARDING? The following is an update on JCC and DCA attorney fee decisions published in September 2016,...
FL Case Law Summaries – 10/21/16
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Oswaldo Escalante v. Progressive Employer Management/Finish Line Feed/Amtrust North America of Florida JCC Almeyda; Miami District; Order Date: September...