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 […]
Greetings, lately I have received a few questions about impairment benefits (AKA permanent impairment benefits, IB’s or PIB’s). When are they due? Per 440.15(3)(a) they first payment is due 14 (calendar) days after the carrier has knowledge of the rating. So the clock starts when you receive the rating from the provider (date stamped at […]
Greetings, Sometimes when we are dealing with doctors who are not as familiar with the WC system, we have a difficult time getting them to address MMI, impairment ratings, etc…and complete the DWC-25.. Well the statute does provide us with some tools to help. (This of course assumes the claimant is or should be at […]
Greetings, DOAH (Division of Administrative Hearings) , the entity that runs the Fla WC court system just put out their preliminary annual report on the statistics of the Mediation process. The full annual report on the entire system should be out in a month or so. DOAH’s fiscal year runs July 1, 2018-June 30, 2019. […]