Greetings, Well, I have started getting questions about COVID-19, the corona virus, and whether this could be compensable under Florida WC. There are two “presumptive” cases of the virus in Florida, meaning the formal diagnosis has not be 100% verified yet. In general, diseases and sicknesses are excluded from WC. However, the statute does give […]
Greetings, Last week, the 1st DCA addressed the issue of the counting of 30 days after a PFB is filed for purpose of claimant attorney fee entitlement in Zenith v. Barrizonte-Cruz (Click Here). Under 440.34(3), a claimant’s attorney is not entitled to a carrier-paid fee for providing benefits untimely “until 30 days after the date […]
Greetings, Everyone has always anecdotally known that S. Florida is more litigious, but I have never seen any true analysis of the situation. The few cases I have handled over the years down there certainly have attested to a very different environment. It got me to thinking that we do have actual statistics by venue […]
Greetings, one of the more frustrating aspects of the current WC law is a “later-proved benefit”, thus resulting in claimant attorney fees. For example, the claimant files a PFB for TPD. The adjuster denies it because there is no lost wages. Then at some later point, while the PFB is still pending, TPD becomes due, […]
Greetings, and happy new year! I want to thank everyone for the support you have given me and the firm over the past year, and we look forward to continuing to serve you in 2020 and beyond! Just a housekeeping reminder on PTD supplemental benefits as the calendar flips. For dates of accident 10/1/2003 to […]
Greetings, Tis the season for holiday parties and functions, and inevitably, holiday party claims. And as if on cue, the 1st DCA issued a ruling in Reynolds v. Anixter Power Solutions last week (link below). As a reminder, to be compensable, there are two requirements : The event must be mandatory; and The event has […]
Greetings, DOAH just put out its annual report, a 300 page analysis of the Fla WC litigation system. The report is instructive not only on how the last year has trended but also the longer term impact of the Castellanos case and claimant attorney hourly fees. This measures the claims from 7/1/2018-6/30/2019. Here are a […]
Greetings, a few things: Today is 1-time change clean-up day. Be sure to scan everything from the claimant or their attorney that came in Wednesday or over the weekend. Look out for anything citing 440.13(2)(f), an “alternative” doctor, etc…We must respond by 4:59 pm today to any Wednesday requests with the name of the doctor […]
Greetings, the U.S. House of Representatives Judiciary committee approved a bill this week de-criminalizing marijuana at the Federal level. It will now head to the full House for a vote, and then it would need to be approved by the Senate and then the President would need to sign it before it becomes law. […]
Greetings, it’s the season for 1-time change shenanigans. So here is a refresher and where the law sits on the process. 5 days is 5 days. If a request comes in Wednesday of Thanksgiving anytime before 5:00 (and that is the faxed or efiled timestamp of 4:59:59 or earlier) your response is due Monday before […]