by EC_Admin | Feb 6, 2019 | Morgan's Tips of the Week
Greetings, I am seeing more and more claimants ask for advances on a PFB. However, even though its on a PFB, the JCC’s have ruled an advance is NOT a benefit, it’s a loan against future benefits. Therefore, even if you agree to provide it after 30 days after the...
by EC_Admin | Jan 28, 2019 | Morgan's Tips of the Week
Greetings, I am working through a case now regarding the Intoxication defense, and thought it would make a good tip. More specifically, what to do if a claimant is taken to the hospital after the accident, and there is suspicion of drugs or alcohol. If the claimant...
by EC_Admin | Jan 15, 2019 | Morgan's Tips of the Week
Greetings, “Burden of proof” is one of those legal terms we defense attorneys throw around, but I have had the issue come up recently on compensability questions so thought it would make a good tip. Basically, it means who has to prove what. Think of the game of ping...
by EC_Admin | Jan 14, 2019 | Morgan's Tips of the Week
Greetings and welcome to 2019, In the last week I have had the “3-day” and “10-day” rule argued in two cases, so here is a refresher. Under 440.13(3)(d) and (i), the carrier has to “respond” to a written request from the authorized provider in 3 days (if the treatment...
by EC_Admin | Dec 10, 2018 | Morgan's Tips of the Week
Greetings, DOAH has published their annual report for fiscal year 2017-2018 (July 1-June 30). The link is attached but do not hit print unless you want 297 pages. Overall, the number of new litigated files is down slightly from the last year, 30,470, down 2.7%. This...
by EC_Admin | Nov 27, 2018 | Morgan's Tips of the Week
Greetings, one of the most frequent questions I get is about exposure-type claims. When the statute was amended in 2003, the Fla. Legislature intentionally created a higher burden for a claimant to prove an exposure claim. (Note an Exposure claim is different than an...
