Greetings, For some reason, over the last few weeks I have had quite a few questions regarding “fight” cases.  I guess everyone is on edge these days.   To be compensable, there are three questions to be asked: First, that the workplace was not merely the fortuitous site of the altercation. San Marco Co. v. Langford, […]

Greetings, Especially since the onset of COVID, we have to deal with a number of different scenarios where a personal or unrelated condition interfered with treatment for the WC injury or light duty.  A few examples and solutions: Claimant unable to continue working LD because of unrelated personal health condition- you can suspend TPD as […]

Greetings, one of the elements of the proposed $1.9 Trillion COVID relief bill that is being negotiated in Congress is an increase the in the Federal Minimum wage.   Rumor has it is that even if that gets stripped out it  of the relief package, it will be a bill on its own. In Florida, if […]

Greetings, I have had several questions about a claimant reporting an alleged work-related COVID-19 claim well beyond the usual 30 day mark.  While the WC statute says a claim must be reported within 30 days of when a claimant knows (or finds out from a doctor that it is work related), there is an exception […]

Greetings, There has been a recent slew of cases addressing the 120 day rule, and estoppel arguments regarding the Employer/Carrier’s failure to deny part or all of a claim or injury. However, none of these cases had arguments or issues regarding the “backdoor” caveat to the 120 day rule.  If E/C doesn’t deny the accident […]

Greetings and happy 2021! On December 30, the Federal Budget was signed into law (Consolidated Appropriations Act, 2021), and as a part of that bill was the Coronavirus relief measures (Coronavirus Response and Relief Supplemental Appropriations Act, 2021)  The bill is 5,393 pages, it is not a real page-turner. The bill provides for $600 stimulus […]

Greetings, A few reminder notes for the PTD season: Do not forget to adjust any PTD supplemental benefits effective 1/1/21.   Date of accident after 10/1/2003- it’s a 3% increase.  The formula is 3% x number of years since the accident x comp rate.   PTD supplemental benefits end at age 62 (unless the accident prevented them […]

Greetings, The Dept. of Financial Services released the FL WC maximum compensation rate effective 1/1/21, its $1,011.  This is for dates of accident after January 1.  Also, a reminder that base PTD benefits plus PTD supplements cannot exceed the max CR for the year that it is paid.  Memo attached on the new max CR. […]

Greetings, Don’t forget to scour everything you received on Wednesday and over the break for 1-time change requests.  Watch out for anything referencing “an alternative” doctor or anything citing 440.13(2)(f).   You must respond by 4:59 pm today, Monday, 11/30/20. DOAH has released its annual report, the usual treasure trove of statistics about the FL WC […]

Greetings, hard to believe Thanksgiving is next week.  It’s been a year to remember, but don’t forget to stay on the look-out for 1-time changes. As a reminder, any requests received before 5 pm EST on Wednesday before Thanksgiving (11/25) need to be answered by 5 pm on Monday after Thanksgiving (11/30).   Also: “Received” means […]