Greetings, I have had a few clients lately ask me if a claim should be reported and denied or should it just be a “record only”. See below for what must be reported..and penalties and for not doing so. This is from our CEU, Tips on Handling the Late Reported Claim if you would like […]
Greetings, There is a lot of noise starting to build in the industry about what the FL Legislature may do with WC this session. Right now there are two main bills, one in the House (HB 1399) and one in the Senate (SB 1636). There is no guarantee either will pass, and if so, no […]
Greetings, there are things you should never talk about in polite conversation; politics, religion, and the general release and resignation in a Worker’s Compensation settlement. Many carriers take the position that the adjuster should have no knowledge or dealings with the general release as that is between the employer and the claimant, although it is […]
Greetings, Temporary partial is one of the most commonly litigated benefits we see. Our best defense is a solid light duty job offer where the claimant is making 80% of the AWW. If the claimant refuses a light duty position, we can deny TPD as there is a voluntary limitation of income. In a perfect […]
Greetings, I am seeing more and more claimants ask for advances on a PFB. However, even though its on a PFB, the JCC’s have ruled an advance is NOT a benefit, it’s a loan against future benefits. Therefore, even if you agree to provide it after 30 days after the PFB, you do not owe […]
Greetings, I am working through a case now regarding the Intoxication defense, and thought it would make a good tip. More specifically, what to do if a claimant is taken to the hospital after the accident, and there is suspicion of drugs or alcohol. If the claimant is sent to the walk-in clinic, normally a […]
Greetings, “Burden of proof” is one of those legal terms we defense attorneys throw around, but I have had the issue come up recently on compensability questions so thought it would make a good tip. Basically, it means who has to prove what. Think of the game of ping pong…if you have the ball, you […]
Greetings and welcome to 2019, In the last week I have had the “3-day” and “10-day” rule argued in two cases, so here is a refresher. Under 440.13(3)(d) and (i), the carrier has to “respond” to a written request from the authorized provider in 3 days (if the treatment costs less than $1,000) or 10 […]
Greetings, DOAH has published their annual report for fiscal year 2017-2018 (July 1-June 30). The link is attached but do not hit print unless you want 297 pages. Overall, the number of new litigated files is down slightly from the last year, 30,470, down 2.7%. This is consistent with the NCCI WC rate reduction due […]
Greetings, one of the most frequent questions I get is about exposure-type claims. When the statute was amended in 2003, the Fla. Legislature intentionally created a higher burden for a claimant to prove an exposure claim. (Note an Exposure claim is different than an Occupational Disease claim under 440.151. An Occupational Disease is if there […]