Greetings, in the last few weeks I have had several questions about company vehicles and the impact on compensability. Normally, an employee’s trip to and from work is not compensable under the Going or Coming rule.  There are exceptions of course for Traveling Employees, Special Errands, etc…and there is also an exception for transportation that […]

Greetings, There is some understandable confusion as to when a claimant is entitled to “prevailing party” costs for filing a Petition for Benefits.  The Jennings case (below) was the when the 1st DCA separated entitlement to costs from entitlement to attorney fees. In essence, the DCA stated that although fees are not due if a […]

Greetings, We now have a JCC level decision addressing Medical Marijuana in the FL WC system.   The claimant injured his back in 2001, and had been in long term pain management for chronic pain.   Under the WC claim, his current medications where Lyrica and Tramadol.  The claimant advised his pain management doctor he wanted to […]

Greetings, I am starting to see questions more frequently about doctors certifying use of medical marijuana in Florida WC.  As far as I am aware, these requests are all being denied because it remains illegal at a Federal level. The question now is what about CBD oil. Cannabidiol is extracted from the flowers and buds […]

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 […]