Greetings and happy holidays! I just want to say thank you to all of you for the referrals this past year, and I look forward to working with you in 2025. Keep ‘em coming! Florida has released the max comp rate for 2025: “Accordingly, the maximum weekly compensation rate for work-related injuries and illnesses occurring […]
Greetings, DOAH, the entity that manages Florida’s WC litigation, has released its 2023-2024 annual report (which spans from July 1, 2023- June 30, 2024). It is a great overview of the FL WC system. Some key stats that paint a picture of the last year: So the picture that paints to me is that even […]
Greetings, Tis the season…for WC injuries at Employer holiday events. Compensable? It depends. (This same analysis applies to all events throughout the year, not just holiday parties.) For an injury to be compensable from a recreational/social activity, two things must be true about the event: 440.092 (1) RECREATIONAL AND SOCIAL ACTIVITIES.—Recreational or social activities are not […]
Greetings, and hope everyone had a nice break. This is just a reminder to thoroughly scan anything that was received from the claimant or their attorney for a 1-time change request. The deadline to respond to anything received on last Wednesday is today at 11:59 pm. The claimant does not have to use the actual […]
Greetings, The end of November is sneaking up on us again, and this is a reminder to be on our toes for 1-time change shenanigans over the Thanksgiving break. Based on multiple 1st DCA decisions interpreting the 1-time change section of the FL WC statute (440.13(2)(f)), we only have 5 calendar days to respond to […]
Greetings, last week the amendment to the Florida Constitution to allow for recreational marijuana use in the state did not pass. I have had several questions about what that means for us in the WC world. This is likely more than a year or two away, if and when it does change. Be sure to […]
Greetings, there was a recent case regarding the FL WC intoxication defense and medical marijuana, Orlando World Center Marriott v. Gonzalez Chanza, (PCA) 1D0023-1079 (Fla. 1st DCA 2024), OJCC 22-013883NPP. The JCC found that the claimant’s use of legally obtained medical marijuana did not warrant a denial of the claim under the intoxication defense. Summary […]
Greetings, I certainly hope everyone made it through both Helene and Milton safely. Enough already with the hurricanes. I have been getting a lot of questions about the impact of the storms on certain benefits, so I thought I would share. Of course each situation is unique, and you would have to balance litigation costs […]
Greetings, by special request, this Tip is about employee/employer relationship as it relates to1099 employees/Independent contractors. In general, the FL WC law favors finding these individuals are employees and are covered under Workers Comp unless they can prove certain elements. The statute sets out a set of criteria to be considered an independent contractor, and […]
Greetings, Effective 1/1/25, 105 days from now, the Florida WC fee schedule for surgeries and physician visits is increasing fairly significantly. Surgeries will cost 50% more and doctor’s visits will cost 60% more (see below). Now may be the opportune time to run a Medicare Set Aside on any claims where there are future surgeries […]