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Latest Stories from Morgan’s Tips of the Week

Morgan’s Tip of the Week- MMI, are we done yet?

Greetings, Florida has some nuances regarding Maximum Medical Improvement (MMI), so here are some reminders: MMI is defined in the statute as 440.02(10) “Date of maximum medical improvement” means the date after which further recovery from, or lasting improvement to, an injury or disease can no longer reasonably be anticipated, based upon reasonable medical probability. As […]

Morgan’s Tip of the Week- (Update) Pending FL fee schedule changes

Greetings, An update on the pending bill increasing the Florida fee schedule for physicians.   The bill was finally officially sent to the Governor for signature on Friday 6/7/24    (along with a slew of other bills to sign including CS/HB 87 – Taking of Bears (not sure whether you can or cannot take bears but I’m […]

Morgan’s Tip of the Week- 1st DCA clarifies the SOL

Greetings, You may recall a Tip that I did last year about a potential drastic change to how the Fla 1st DCA was applying the Statute of Limitations in the Annalie Ortiz v. Winn-Dixie, Inc (1D21-0885) case The DCA’s opinion in Ortiz was put on hold pending Motions for Rehearing, and it has just sat […]

Morgan’s Tip of the Week- pending Marijuana legal status change

Greetings, As you may have heard, there are proposed changes at the Federal level regarding the use of medical marijuana.  As of right now there has been no official change yet, but here is a recap of where we are in Florida, the proposed changes at the Federal level and the timing, and the likely […]

Morgan’s Tip of the Week- Contact with Represented Claimants

Greetings, there is a lot of confusion surrounding contact with a claimant who is represented by an attorney in Florida.   Very often, the claimant’s attorney advises that neither the adjuster nor the nurse case manager can have any contact with the claimant.  While that does hold true, the one exception is communicating appointment information to […]

Morgan’s Tip of the Week- 120-day rule and subsequent conditions

Greetings, After we accept a claim as compensable, sometimes new conditions arise that may or may not be compensable.  A great example of this is a referral to a psychiatrist from the authorized doctor.  In this instance, where a new condition arises more than 120 days after the accident, are we stuck with it because […]

Morgan’s Tip of the Week- Settlement Checks

Greetings, I have received a few questions recently about when settlement checks are due to avoid a late payment, and a resulting 20% penalty and interest.   The statute under 440.20(11)(c) states payment must be made within 14 days after the JCC “mails” the order approving attorney fees.   We often mistakenly refer to it as […]

Morgan’s Tip of the Week- Pending FL fee schedule changes

Greetings, The Florida Legislature passed a bill increasing the fee schedule physicians can charge for treating a WC patient.  The bill is awaiting the Governor’s signature before becoming law, tentatively effective 1/1/2025. A link to a copy of the bill is below, along with a link to an article on the changes.   The Florida fee […]

Morgan’s Tip of the Week- Unemployment benefits, offsets and bar to indemnity

Greetings, I had a few questions recently about claimant’s collecting Unemployment benefits while claiming lost wages in Florida WC.     Florida has returned to its pre-Covid level of Unemployment benefits (UE).   2024 Claim Maximums: 12 weeks The Florida WC statute addresses how UE is handled when claiming TTD/TPD in 440.15(10) (statute below).  Your employer should have […]