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Greetings, one of the more confusing aspects of Florida WC is the handling of permanent impairment benefits under 440.15(3).  Here are a few issues that come up: Two plus two equals what?   When a claimant has multiple injuries you may get a rating...

Greetings, I am often asked questions about accidents that occur while an employee is on a business trip/traveling for work.  The statute itself does seem to be strict on compensability, but the caselaw has taken a much broader approach. 440.092(4) TRAVELING...

Greetings, we often use the terms “accident” and “injury” interchangeably.  In the Florida WC statute, these are treated very differently, and the burdens of proof are vastly different.  Thinking about them as separate things will help you determine...

Greetings, Sometimes a doctor’s narrative medical records are not clear as to their opinion on whether the accident is the Major Contributing Cause of the need for treatment.  While yes, we may have the DWC-25 form completed by the doctor’s office…I am not...

Greetings, In Florida, the Employer/Carrier has the duty to either provide transportation for medical appointments or reimburse the claimant for their mileage.  The IRS just released their reimbursement rates for 2023, and I have received a few questions about...

Greetings, The Division of Admin Hearings has posted proposed changes to the “Q-Rules” of WC Procedure for comment.  Most of the changes have to do with the way that mandatory state mediations will be conducted in Florida. Within 130 days of the filing a...

Greetings, The FL Dept. of Financial Services released the 2023 WC Maximum Compensation rate, $1,197, a 9% increase.  This applies to all dates of accident from 12:00 am January 1, 2023 on….memo link below. Also, January 1 is the date to increase PTD supplemental...

Greetings,  DOAH (Div of Administrative Hearings), the entity that manages the Florida WC litigation system has just published their annual report which covers July 1, 2021 to June 30, 2022.  As always, it’s a great collection of trends and facts about...

Greetings,   the 1st DCA issued an opinion last week “clarifying” what it means that the 1-time change must be within the same specialty. Previously, the 1st DCA had said that neurosurgeon is not the same specialty as an orthopaedic surgeon for the...