Greetings, A JCC level case from a week ago caught my eye because it dealt with two issues that I am being asked about fairly frequently. (JCC level cases are not “the law”, and they are not binding on other JCC’s, but are sometimes good indicators as to how other JCC’s may rule). In this […]
Greetings, I often get questions on what to do when a claimant’s unrelated personal health issues delay surgery or treatment. Well the 1st DCA just affirmed a JCC decision on the issue (without a written DCA opinion) in Carter vs. Seminole Express (April 8, 2021). In this case, the ER could not accommodate light […]
Greetings, For some reason, over the last few weeks I have had quite a few questions regarding “fight” cases. I guess everyone is on edge these days. To be compensable, there are three questions to be asked: First, that the workplace was not merely the fortuitous site of the altercation. San Marco Co. v. Langford, […]
Greetings, Especially since the onset of COVID, we have to deal with a number of different scenarios where a personal or unrelated condition interfered with treatment for the WC injury or light duty. A few examples and solutions: Claimant unable to continue working LD because of unrelated personal health condition- you can suspend TPD as […]
Greetings, one of the elements of the proposed $1.9 Trillion COVID relief bill that is being negotiated in Congress is an increase the in the Federal Minimum wage. Rumor has it is that even if that gets stripped out it of the relief package, it will be a bill on its own. In Florida, if […]
Greetings, I have had several questions about a claimant reporting an alleged work-related COVID-19 claim well beyond the usual 30 day mark. While the WC statute says a claim must be reported within 30 days of when a claimant knows (or finds out from a doctor that it is work related), there is an exception […]
Greetings, There has been a recent slew of cases addressing the 120 day rule, and estoppel arguments regarding the Employer/Carrier’s failure to deny part or all of a claim or injury. However, none of these cases had arguments or issues regarding the “backdoor” caveat to the 120 day rule. If E/C doesn’t deny the accident […]
Greetings and happy 2021! On December 30, the Federal Budget was signed into law (Consolidated Appropriations Act, 2021), and as a part of that bill was the Coronavirus relief measures (Coronavirus Response and Relief Supplemental Appropriations Act, 2021) The bill is 5,393 pages, it is not a real page-turner. The bill provides for $600 stimulus […]
Greetings, A few reminder notes for the PTD season: Do not forget to adjust any PTD supplemental benefits effective 1/1/21. Date of accident after 10/1/2003- it’s a 3% increase. The formula is 3% x number of years since the accident x comp rate. PTD supplemental benefits end at age 62 (unless the accident prevented them […]
Greetings, The Dept. of Financial Services released the FL WC maximum compensation rate effective 1/1/21, its $1,011. This is for dates of accident after January 1. Also, a reminder that base PTD benefits plus PTD supplements cannot exceed the max CR for the year that it is paid. Memo attached on the new max CR. […]