Greetings, “Lately” I have had few cases dealing with the untimely reporting of claims. With a few exceptions (see the statute below), a claimant has 30 days to report the accident to the employer or be barred from filing a claim. A few things that have come up recently: Reporting the accident but refusing initial […]
Greetings, idiopathic claims remain some of the most difficult claims to navigate. Lately I have had a few questions on what and when we are responsible in an idiopathic claim in FL. The 1st DCA did issue a good case back in February, Silberberg, and my Tip on that is below. To summarize where we […]
Greetings, earlier this week we did a live CEU for a client (boy is it good to get out and see everyone again), and I thought it would be a good refresher to cover how to handle Hospital bills listed on a PFB. One of the problems we often face is the hospital bill may […]
Greetings, Lately I have had a few cases where the claimant sought treatment on their own outside of the WC system, so I thought it would be a good reminder of how that is handled in the Florida WC system. If a claimant has surgery on their own or treats with a psychiatrist outside of […]
Greetings, my Tip of the Week last week touched on the 120-day rule and I got some good follow up questions, and requests for more detail about the 14 days, 120 days and Major Contributing Cause. So I will attempt to lay it out without getting too far down any rabbit holes: (The FL WC […]
Greetings, I just presented a Florida CEU this morning and thought this would be a good refresher for everyone. Not responding to a PFB is the same as denying the requested benefits EXCEPT in two key circumstances: The Statute of Limitation has expired. In this case you must respond to the PFB and state the […]
Greetings, The news these days seems filled with doom and gloom about inflation leading to a looming recession. The question then is what will be the impact on WC claims. Looking back at the last major recession, which was officially from December 2007 to June 2009, does give us some idea what the future may […]
Greetings, A client asked me to do some research on WC stats in Florida, and thought I’d share some interesting bits. According to the FLDFS (Fla Dept of Financial Services) website, there were 68,916 lost time cases in Florida in 2021. That includes all lost time, but also death claims, settlements, impairment benefits, basically everything […]
Greetings, I often get questions about what counts as money/earnings to offset any WC payments that are due. Here are a few of the more common ones: PTO/vacation/sick time- If a claimant received PTO pay from the Employer, it is generally not earnings to reduce your WC payments. There is a wide array of different […]
Greetings, The 1st DCA issued a ruling last week regarding the award of claimant attorney’s fees when no actual benefits are awarded at the time of the trial, but possibly due later. The case is attached, Guerrea v. Becton Dickinson & Co. At the trial, the claimant’s was awarded an increase in his AWW, but […]