Greetings, the Florida Division of Workers’ Comp just put out a report summarizing the data from the COVID-19 claims through August 31. A link to the full report is below. My colleague We Heim in our Tampa office will be doing a deeper dive in an upcoming article, but here are a few things that […]
Greetings, One of the impacts of the Coronavirus on litigation is the delay on the ability to do the level of discovery that is really essential in defeating or driving down the value in WC claims. Getting our arms around a claimant’s past medical history, prior accidents, income, preexisting conditions, etc…are key components to our […]
Greetings, last week, Florida announced it will apply to participate in the Federal Lost Wages Assistance Program created by the President’s Executive Order. The CARES Act additional $600 in unemployment benefits expired on 7/31, and mostly everyone on unemployment has been receiving the Florida $275 a week maximum since then. Florida opting to participate in […]
Greetings, this is true not only of how things go in 2020, but also in calculating Florida Impairment ratings. For Impairment ratings, Florida physicians are supposed to use the 1996 Florida Uniform Permanent Impairment Rating Schedule (or FUPIRS for short*). The guide has a chart on pages 116-117 for combining multiple body parts, and 2 […]
Greetings, The $600 weekly Federal boost to State Unemployment benefits expires on Friday, 7/31/20. The U.S. Congress is still negotiating an extension, with the Democrats current plan to extend the $600 to the end of the year, and the Republican plan (unveiled today) being $200 for two months and then switching to a 70% of […]
Greetings, I have received a few questions regarding COVID-19 claims that have been accepted as compensable as occupational disease claims, but no actual treatment is needed. By one report, 85% of those testing positive have little to no symptoms, and no treatment. Meaning the claimants don’t return to the doctor for MMI. (The CDC recommendations […]
Greetings, hope everyone had a good 4th. Couple of pending pitfalls today and later this month: Today- look out for 1 time changes from late Thursday or over the weekend. Review everything carefully, watch out for anything saying “an alternative physician” or simply “a physician per 440.13(2)(f)”. I got one at 4:30 Thursday, after we […]
Greetings, Before the numbers, a few tidbits that came up already today: Testing- I am hearing of physicians requiring claimants to get tested for COVID before surgery. We will likely have to pay for the test under surgical clearance, unless there are free testing sites. I would argue against any treatment, even under hinderance to […]
Greetings, On May 29th, the 1st DCA issued a ruling in a case involving what satisfies a 1-time change request, and certified a question to the Florida Supreme Court on the matter. The case is City of Bartow v. Flores, link attached. The facts are as follows: On 6/20/ 2017, the claimant requested a 1-time […]
Greetings, As businesses start to reopen and claimants start to return to their light duty or modified positions, I foresee some issues we will have to deal with from a WC perspective. As always I recommend any light duty offers be in writing. Even if there was a prior offer of light duty, reiterating a […]