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Greetings, the most common question I am asked is usually about compensability of idiopathic claims.   The claimant was just walking down the hallway and fell, the claimant fainted, etc…. To determine whether the claim is compensable, we have to answer 2...

Greetings, by special request, this week’s Tip is on overpayments and how they can be recouped. There are many reasons why a claimant could potentially be overpaid:  correction of the AWW, the claimant returned to work and the adjuster was not immediately...

Greetings, (Just one last follow up from my last two Tips on splitting indemnity during a week. If you would like a copy of the memo from the Division which shows how they calculate it, please email me at mindek@eraclides.com!  You can find those Tips on our...

Editor: Felicia Wymer, Partner, Pensacola Office Author: Travis Coleman, Junior Partner, Tampa Office Author: Katie Valley, Associate, Jacksonville Office Shawna Price v. STOA Construction, LLC and Bridgefield Casualty Insurance Company JCC Walker: Pensacola...

Greetings, well my last Tip on daily rates drew quite a bit of feedback.    I should have clarified that the Tip below is the formula for calculating a daily rate when you do NOT owe an entire week of indemnity.  This is not how you calculate it...

Greetings, I had a question last week about how to determine a claimant’s daily indemnity rate.  Logic would say you simply divide the weekly benefit by 7, but not so.  This one bothers me but it is what it is. The Fla WC statute defines how an adjuster...

Editor: Felicia Wymer, Partner, Pensacola Office Author: Travis Coleman, Junior Partner, Tampa Office Author: Katie Valley, Associate, Jacksonville Office Robert J. Bashore v. Dunbar Armored, Inc. and Twin City Fire Insurance Company JCC Pitts: Orlando District...

Greetings, the FL WC statute states that when a claimant reaches overall Maximum Medical Improvement (MMI), they are responsible for a $10 co-payment for medical visits.  This is an important tool to use to make sure the claimants are bearing some...

Greetings, I had a request to do a Tip on 2nd opinions in Florida WC. The current WC statute (since 10/1/2003) does not specifically say anything about 2nd opinions.  (There may be a few employers out there that still utilize a Managed Care program from the...

Greetings, recently I have received a few questions as to what constitutes “medical non-compliance” in Florida and what can be done about it.  In general, medical non-compliance is missing at least two appointments without a reasonable excuse.   If...