Greetings, I have had a few questions about denying a claim when a claimant has been uncooperative in a few different scenarios. Most of the time, the statute does not allow for a full denial, but there are some remedies available to the Employer/Carrier. Claimant refuses to call you back to complete the 3-point contact […]
Greetings, thanks to my colleagues blasting on firm wide emails, social media and linkedin that it was my birthday last week, I received around 250 emails and texts, while I was trying to have a day off. (Please don’t send any now, I get it, you want to wish me a happy…blah, blah) But, you […]
Greetings, If a claimant refuses a light duty job offer, we do not have to pay TPD, unless the refusal was “justifiable.” 440.15 (6) EMPLOYEE REFUSES EMPLOYMENT.—If an injured employee refuses employment suitable to the capacity thereof, offered to or procured therefor, such employee shall not be entitled to any compensation at any time during the […]
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 […]