Morgan’s Tip of the Week – Constitutional Challenge



A few tidbits this week:


1) Oral arguments being held tomorrow at the 1st DCA on whether the Maximum Compensation rate is constitutional in Bosch v. Miami Herald, OJCC# 16-008192.  The claimant’s AWW is $1,458.93, and 66 2/3% would be $972.62.  However, for this 2016 date of accident, benefits were paid per statute at the Max CR, which was $842.   The argument by the claimant is fairly creative….the employer paid premium on the full AWW, so the full benefit should be paid.   However, I am not sure the claimant has standing to complain since it was not he who paid the premium.  This is the same claimant’s attorney that handled the infamous Padgett case that before being over turned found the Fla WC Act unconstitutional.

2) One thing I have seen recently is a miscommunication on a referral from the walk-in clinic.  Sometimes the referral will just say refer to “neuro” on the dwc-25 or the Rx pad, and the adjuster sets an appointment with a specialist.  We need to clarify whether that is a Neurologist or a Neurosurgeon, and sometimes the narrative notes clarify which.  Make sure we get it right to avoid fee exposure.

3) This weekend, 24 members of the firm, clients and friends are running in the Ragnar Relay, a 200 mile 12 person team relay race from Melbourne Beach to Miami Beach.!I guess as your lawyer I shouldn’t admit how stupid I am for signing up for 22 miles.   We have a team Facebook page and check our firm Facebook page for pictures.



Morgan Indek | Partner