by EC_Admin | Jan 4, 2016 | Morgan's Tips of the Week, Legal Updates
Greetings and happy new year! To start the year off on a good note, on 12/22/15 the Fla Supreme Court declined the plaintiff/claimant’s motion to accept jurisdiction to hear the appeal of the 3rd DCA’s decision to overturn the Circuit Court decision which found that...
by EC_Admin | Dec 21, 2015 | Morgan's Tips of the Week, Legal Updates
Greetings, Happy holidays! If any of you are looking for something to curl up and read by the fire over the holidays, DOAH has published their annual report. Here is a link, but don’t print, its over 250 pages....
by EC_Admin | Dec 1, 2015 | Morgan's Tips of the Week
Before the holiday, the 1st DCA addressed the status of the 104 week cap on temporary benefits in Gomez-Lujano v. Palm Beach Grill, 1D15-670. The issue is still pending before the Florida Supreme Court in the Westphal case. In the first 1st DCA Westphal decision,...
by EC_Admin | Nov 23, 2015 | News, Morgan's Tips of the Week, Legal Updates
This is the week we don’t give thanks for the 1st DCA’s decisions regarding one-time changes. Every Wednesday before Thanksgiving, as sure as the black Friday crowds, you can count on some claimant attorney’s trying to slide a request for a 1-time change by an E/C...
by EC_Admin | Nov 11, 2015 | Morgan's Tips of the Week, Legal Updates
Greetings, last week the 1st DCA issued a ruling in Frankel v. Loxahatchee Club, Inc. (1D15-1289), regarding apportionment (440.15(5)(b)). Click HERE for Frankel case. The E/C argued that they only needed to pay 55% of the claimant’s arthroscopic shoulder surgery,...
by EC_Admin | Oct 23, 2015 | Morgan's Tips of the Week, Legal Updates
Greetings, I have had several recent questions about whether the Employer/Carrier has to provide treatment for unrelated personal health conditions necessary to treat the work related injury, the old hindrance to recovery theory. We often see this with a claimant...