by EC_Admin | Jul 23, 2019 | Morgan's Tips of the Week
Greetings, Probably one of the most commonly litigated benefits is TPD after a claimant is terminated or quits. In fact, I just had a trial on the issue (the good guys won). There are a few different scenarios: Claimant terminated for Misconduct- If a claimant is...
by EC_Admin | Jul 8, 2019 | Morgan's Tips of the Week
Greetings, I have had a few questions about denying a claim when a claimant has been uncooperative in a few different scenarios. Most of the time, the statute does not allow for a full denial, but there are some remedies available to the Employer/Carrier. Claimant...
by EC_Admin | Jun 10, 2019 | Morgan's Tips of the Week
Greetings, thanks to my colleagues blasting on firm wide emails, social media and linkedin that it was my birthday last week, I received around 250 emails and texts, while I was trying to have a day off. (Please don’t send any now, I get it, you want to wish me a...
by EC_Admin | Jun 6, 2019 | Morgan's Tips of the Week
Greetings, If a claimant refuses a light duty job offer, we do not have to pay TPD, unless the refusal was “justifiable.” 440.15 (6) EMPLOYEE REFUSES EMPLOYMENT.—If an injured employee refuses employment suitable to the capacity thereof, offered to or procured...
by EC_Admin | May 20, 2019 | Morgan's Tips of the Week
Greetings, in the last few weeks I have had several questions about company vehicles and the impact on compensability. Normally, an employee’s trip to and from work is not compensable under the Going or Coming rule. There are exceptions of course for Traveling...
by EC_Admin | May 6, 2019 | Morgan's Tips of the Week
Greetings, There is some understandable confusion as to when a claimant is entitled to “prevailing party” costs for filing a Petition for Benefits. The Jennings case (below) was the when the 1st DCA separated entitlement to costs from entitlement to attorney fees. In...
