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 […]
Greetings, Next week is the annual 1-time change shenanigans week due to the Thanksgiving holiday. The 1st DCA has repeatedly confirmed 5 calendar days means 5 calendar days, so any request faxed, emailed or received via mail by your office on Wednesday before 5 pm means you must respond before 5 pm Monday or we […]
Greetings, According to the attached 11/2/18 order from the Office of Insurance Regulation, WC rates in Florida will be reduced by 13.8% for 2019. (In 2015, rates had been down around 61% from the high rates of 2002, then we saw a 14% increase after Castellanos and Westphal, last year rates dropped by around 9%) […]
Greetings, Last week the Florida Supreme Court ruled that the Fla Legislature’s adoption of the Federal standard of admissibility of expert testimony, the Daubert standard, was unconstitutional. HOWEVER, there is still uncertainty because the Fla WC system is Administrative law, under the Executive branch, so it may remain in WC. It’s like a Schoolhouse Rock […]
Greetings, (Come hear me speak at a CEU with Dr. Halperin in Lake Mary after work on 10/24, flyer attached) Nothing frustrates an employer more than a claimant that is injured while breaking or ignoring a rule. In some instances there may be a defense or partial defense to the claim, and in other situations, […]
Greetings, Central Florida is the “lightning capital” of the US, and we have to deal with workplace injuries due to lightning strikes. Attached is a 1946 case, Ft. Pierce Growers Ass_n v. Storey_ 158 Fla. 192, where the majority found that a lightning strike that injured a worker who was working outside arose out of his […]
Greetings, I have a had a few questions about claimant’s missing appointments and medical non-compliance. First, we can not charge a claimant for the no-show fees for authorized treatment. However, for an IME we can charge ½ of the no-show fee if we gave the claimant timely notice of the appointment, and the claimant did […]