Blog
Morgan’s Tip of the Week- Thanksgiving 1-time change games
Greetings, Once again, as we prepare to gather with family and friends to celebrate the season, we must be on our toes for 1-time change shenanigans over Thanksgiving. As we are all aware, based on multiple 1st DCA decisions interpreting the 1-time change section of the FL WC statute (440.13(2)(f)), we have 5 calendar days […]
EG Gazette- November 2023
Articles: Fights, Drugs and Alcohol – By: Chance Cuellar – Atlanta, GA Remote Work Injuries in Tennessee: Compensable or Nah? – By: Ben Norris – Nashville, TN Late Reported Claims: Cautions about Claimants and Employers – By: Hunter Trubatch – Miami, FL Editors: Kayli Marston – West Palm Beach, FL Alex Rukab – Jacksonville, FL […]
Morgan’s Tip of the Week- Things that scare me
Greetings, thought it would be a good day to reflect on the things that scare me most these days in handling a FL WC claim: Watch out for the claimant to just cite the statute, “a doctor per 440.13(2)(f)”. The request can be in a fax, email, PFB, etc. but you still only have 5 […]
Morgan’s Tip of the week- Negotiating advances
Greetings, Under the current state of the Florida law, a claimant can request an advance of up to $2,000 in their claim, even if the claim has been denied, and regardless of whether or not the E/C will be able to recoup it. (There is a 2nd layer of advance of up to $7,500 […]
Morgan’s Tip of the Week-Give me a break?
Greetings, I get quite a few compensability questions about accidents that occur on breaks/lunch breaks. Per the caselaw there is a difference between a regular “15 minute” type break and a lunch break. The issue of whether it is a paid or unpaid break is not really the determinative issue. The main factor in whether […]
Morgan’s Tip of the Week-Clmt moves away from light duty
Greetings, What do you do when a claimant moves away from a light duty job and the Employer does not have any light duty work in the geographic area of the claimant’s new residence? At first glance, it feels like that is a voluntary limitation of income, and you could deny Temporary Partial Disability. Well…maybe…maybe […]
Morgan’s Tip of the Week- Types of Claimant Atty Fees in FL
Greetings, The world of claimant attorney fees can be somewhat confusing, so I thought I would go over the types of fees under the law. There are attorney fees that are paid by the Employer/Carrier, and those that are paid by the claimant to their attorney (sort of anyway). Settlements are typically worded as inclusive […]
Morgan’s Tip of the Week- partial TPD denials
Greetings, How do you handle a claimant who refuses or is fired from light duty, if the light duty offered did not pay 80% of their AWW? For example, the employer can only offer 20 hours a week light duty, and the carrier is paying some TPD based on the 80%/80% TPD formula, but then […]
EG Gazette- FALL 2023
“Taking It Easy: Things to Consider When Offering a Light Duty Position” By: Marilyn Linares and Elias Jreji | Jacksonville, FL Not every employer can offer light duty or even modified duty. There are companies, such as ReEmployAbility, which offer return-to-work programs, typically placing the claimant with local non-profit agencies such as Goodwill and Salvation […]
Georgia Case Law Update
Georgia Case Law Update Georgia- New Case Law on Panels The Georgia Court of Appeals issued a decision regarding the location of the Panel in LILIENTHAL v. JLK, INC. et al. A23A0290. A copy is below. At issue here is whether the Employer placed the Panel of physicians in “prominent places upon the business premises” as required […]