Greetings, After we accept a claim as compensable, sometimes new conditions arise that may or may not be compensable. A great example of this is a referral to a psychiatrist from the authorized doctor. In this instance, where a new condition arises more than 120 days after the accident, are we stuck with it because […]
Articles: Fights, Drugs and Alcohol – By: Chance Cuellar – Atlanta, GA Remote Work Injuries in Tennessee: Compensable or Nah? – By: Ben Norris – Nashville, TN Late Reported Claims: Cautions about Claimants and Employers – By: Hunter Trubatch – Miami, FL Editors: Kayli Marston – West Palm Beach, FL Alex Rukab – Jacksonville, FL […]
Greetings, I have a received a few questions about the impact Florida Senate Bill 1718 will have on Florida WC. The new law imposes stricter penalties on those who smuggle unauthorized aliens, etc…but a few provisions will have an indirect effect on WC. Taken from the Florida Senate’s summary of the new law (link below), […]
Greetings, If any of you have attended our firm’s CEU’s or webinars over the years, you have likely heard us explain the Florida WC Statute of Limitations as “2 years from the date of accident or 1 year from the last provision of a benefit, whichever is later.” And that is how the courts and […]
Greetings, Last week the 1st DCA issued a decision regarding travel to work when the claimant did not have a fixed workplace but rather traveled to various jobsites. The case (DSK Group, Inc. v. Hernandez) is attached. The claimant was an electrician, and as he was driving in his personal vehicle from his home to […]
Greetings, We often see a doctor recommend treatment/testing to “rule in or rule out” that the injury is the cause of the ongoing symptoms or complaints. Common examples are blood work to see if there is any possible disease, a cervical MRI on a wrist/shoulder injury, bilateral EMG’s for comparison, etc….The doctor is in essence […]
When it comes to workers’ compensation claims, one of the more complicated and overlooked (possibly due to its difficulty) issues is subrogation. This combination of challenges is only made more daunting when it comes to subrogation under the Workers’ Compensation Act in Georgia. Over the years, subrogation in Georgia has developed a nasty reputation that […]
We have all seen Petitions for Benefits (PFB) that request a litany of things. But have you even found yourself asking what specifically the PFB is requesting? Florida Statute §440.02(40) states that PFBs must be plead with specificity meaning referrals for any specialist must be attached, bills for payment/compensability must be attached or the specific […]
A request for an increase in the average weekly wage (AWW) is one of the most common requests in a Petition for Benefits. Calculating the AWW seems easy enough – add up thirteen weeks of earnings and divide by thirteen. While calculating the AWW may seem elementary, it can be tricky when determining what constitutes […]
It is March madness time, and nothing is more thrilling than seeing the excitement of the teams as they come together and the best of the best battle for the championship. In some ways, it causes me to reminisce about the teamwork that has gone into defending the more memorable cases I’ve handled over the […]