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 […]
Greetings, After a claimant has reached Maximum Medical Improvement (MMI), they can continue to treat in Florida until or unless one of a few things happens: The applicable statutes are below. The first two above require an opinion from the treater. And it is always a balance, the cost of possibly causing litigation versus paying […]
Greetings, A common phrase when discussing claims that appear to be caused by the claimant’s own less than well thought out action is “stupidity is not a defense.” However, on occasion, “stupidity” can cost the claimant money. Under the Florida WC statute, if the injury is caused by the claimant refusing to use a “safety […]
Greetings, Our firm has been recognized by the largest WC TPA as having one the best file duration rates in the country. Today, they asked me to speak to their entire defense attorney panel about what our firm does differently to achieve those results. (And we could not achieve these great results without each of […]
Greetings, (Technically the JCC’s do not “approve” represented settlements in FL, they approve the amount of attorney fees and child support arrearage, but you know what I mean…) Over the last several months there has been a distinct push by the Judges of Compensation Claims to be more discerning on approving claimant’s attorney fees. At […]