Morgan’s Tip of the Week – Waiting Period

Morgan’s Tip of the Week – Waiting Period

Greetings, Several times a year the question comes up about when the 7 day waiting period for indemnity under 440.12 (1) actually starts.   Do you count days the claimant is back at work earning 80% of their AWW as days toward the waiting period even if there is no...
FL Case Law Summaries – 2/6/17

FL Case Law Summaries – 2/6/17

By:                   Ryan M. Knight Contributor:   Thomas G. Portuallo To receive daily e-mails with case law summaries, please email esantos@eralcides.com 1st DCA ORDERS RetailFirst Insurance Co. and ServPro of S.E. Florida v. Brenton Davis JCC Lorenzen: Tampa...
Morgan’s Tip of the Week – Waiting Period

Morgan’s Tip of the Week – 1-Time Change

Greetings, Last week the 1st DCA issued a good decision for us in the 1-time change arena in RetailFirst Ins. v. Davis (1D16-2310) attached. The court ruled that when an Employer/Carrier does not timely respond to a claimant’s request for a 1-time change within the 5...
Morgan’s Tip of the Week – Waiting Period

Morgan’s Tip Of the Week – PTD Trends

Greetings, In my last tip I mentioned the rise in PTD claims, and also that (in my opinion) it is now easier to prove PTD.  Boy did that prompt a lot of questions, so here goes: One of the impacts of Castellanos is some (not all) claimant’s attorneys are hanging on to...
FL Case Law Summaries – 2/6/17

FL Case Law Summaries – 1/23/17

By:                   Ryan M. Knight Contributor:   Thomas G. Portuallo To receive daily e-mails with case law summaries, please email esantos@eralcides.com 1st DCA ORDERS City of Hialeah/Sedgwick CMS v. Tony Bono JCC Castiello: Miami...
New Pitfalls to Avoid Regarding One-Time Changes in Florida

New Pitfalls to Avoid Regarding One-Time Changes in Florida

By: Matthew Colon, Associate, Miami In more ways than one, the law resembles a computer program. It is often nothing more than a series of parameters to which things must be confined. In order for Z to occur, X and Y must be present. Thankfully for me my colleagues,...