Greetings, One of the items listed in the White House’s proposed 2018 Federal budget (beginning 10/1/17) is to put an end to our ability in Florida to offset WC against Social Security Disability. This has not passed yet, it is in the proposed budget which still has to work its way through Congress. Right now, […]
Greetings, The Florida Legislative session ended last night, and the House and Senate could not agree on a few key terms. Unless a special session is called, the law in effect now will remain in force until at least the 2018 session. Both the House and Senate bills had some good fixes for us; making […]
Greetings, the Florida Supreme Court has set a date for Oral Arguments in Stahl, April 6, 2016. The claimant’s counsel is arguing that the 2003 statutory changes went too far in reducing benefits and workers have been deprived of rights because they are blocked from pursuing claims in civil court, outside of WC. Still no […]
I was at the JCC’s office yesterday and one of the Orlando Judges was telling me about a case of his that was just heard before the 1st DCA regarding evaluations and diagnostic testing recommended by the treater. This case involved a shoulder injury, and then subsequently, a referral for an MRI of the neck […]
BY: Morgan Indek | Partner On 12/28/15, the 1st DCA issued a bad ruling in Jennings v. Habana Health Care Center (1D15-1255) basically exposing the Employer /Carrier to pay costs even if the PFB is responded to timely and there are no attorney fees due or owing. (case attached) In this case, the claimant […]
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 WC was not the exclusive remedy. This is in effect […]
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. https://www.fljcc.org/jcc/files/reports/2015AnnualReport/Index.html It has lots of data and statistics about each venue and the overall Florida WC […]
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, the court found the 104 week cap to be unconstitutional, […]
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 so they can choose the doctor. Anything date stamped […]
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, because the treater said 25% was due to preexisting condition and 20% was due to degenerative […]