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Latest Stories from Morgan’s Tips of the Week

Morgan’s Tip of the Week- Independent Contractors and FL WC

Greetings, I have received a few questions about what impact the US Dept Of Labor’s new rule on Independent Contractors will have on FL Workers’ Comp.  The DOL’s rule was released on 1/10/24, and goes into effect on 3/11/24, a link to the press release and the actual rule are at the bottom. The DOL […]

Morgan’s Tip of the Week- Important Atty Fee Decision

Greetings, Last week the Florida 1st DCA issued a long-awaited ruling regarding claimant’s attorney fees in Rudolph v. Darrien Smith/Home Depot, 1D2022-1627. https://1dca.flcourts.gov/content/download/1679907/opinion/Opinion_2022-1627.pdf The crux of the case was when can a JCC award hourly fees instead of the guideline fee, if the JCC finds the guideline fee to be too high. In Smith, the […]

Morgan’s Tip of the Week- Getting timely medical reports

Greetings, Sometimes, it can be difficult to obtain medical records and DWC-25’s timely from doctors’ offices so we can ensure we are following the work status and not creating over or underpayments.  Well, the FL WC statute (along with the Dept of Financial Services regulations) does give you some guidance on how you can encourage […]

Morgan’s Tip of the Week- Indemnity during gaps in treatment

Greetings, An issue comes up when there is a gap in treatment, resulting in a gap in indemnity benefits.   The most common gaps I see are: From a pure technical claims handling standpoint, you do not owe the indemnity during any of these gaps IF that is all the evidence/information you have at that point. […]

Morgan’s Tip of the Week- PFB responses

Greetings and Happy New Year, I have been asked to do a refresher on responding to PFB’s.  (For those of you that want more details, we do offer a CEU that we can present on this topic). Here are a few key things to remember: Of note, you can file an amended PFB response within […]

Morgan’s Tip of the Week- Annual FL WC stats

Greetings, DOAH (Division of Administrative Hearings) just published their annual report, and it is a great study of where WC is today in Florida.  Below is a link to the report, but do not hit print unless you have a spare ream of paper just laying around, it is 282 pages. The study covers DOAH’s […]

Morgan’s Tip of the Week- 2024 Max Comp Rate and other year end reminders

Greetings,  a few year-end news, notes and reminders: “The maximum weekly compensation rate for work-related injuries and illnesses occurring on or after January 1, 2024 shall be $1,260.” https://www.myfloridacfo.com/docs-sf/workers-compensation-libraries/workers-comp-documents/bulletins/max-comp-rate-2024-information-bulletin.pdf That’s a $63 increase from 2023’s rate of $1,197.  This affects claims with a date of accident 1/1/24 or thereafter. For dates of accident from 10/1/2003 […]

Morgan’s Tip of the Week- Accidents at Employer Holiday events

Greetings, Tis the season…for WC injuries at Employer holiday events.   Compensable?  It depends. (This same analysis applies to all events throughout the year, not just holiday parties.) For an injury to be compensable from a recreational/social activity, two things must be true about the event: 440.092 (1) RECREATIONAL AND SOCIAL ACTIVITIES.—Recreational or social activities are not […]

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 […]

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 […]