Greetings, one of the most frequent questions I get is about exposure-type claims.  This is the tip I sent last year on it, so I thought I would resend. When the statute was amended in 2003, the Fla. Legislature intentionally created a higher burden for a claimant to prove an exposure claim. (Note an Exposure […]

Greetings, I am starting to see a few claims where the claimant tests positive for marijuana post-accident, and they have a Florida medical marijuana card.   I have not yet seen one where the drug screen was done within a short enough window of time to deny the entire claim under the intoxication defense yet though. […]

Greetings, Subrogation is one of the more frustrating and intricate aspects of Fla WC law.   In essence, the idea is that a claimant should not be able to “double-dip” and collect money from a liability lawsuit and a WC claim for the same things, like medical benefits and lost wages. A few basics…there has to […]

Greetings, I am often asked what can be done with the “old dog” claims where the claimant simply goes to the doctor once a year to keep the Statute of Limitations from expiring. There is a case that addresses the issue, but also a word of caution.  You have to look at the economics of […]

Greetings, Probably one of the most commonly litigated benefits is TPD after a claimant is terminated or quits.   In fact, I just had a trial on the issue (the good guys won). There are a few different scenarios: Claimant terminated for Misconduct–   If a claimant is terminated from post-injury light duty employment, their right to […]

Greetings, I have had a few questions about denying a claim when a claimant has been uncooperative in a few different scenarios.  Most of the time, the statute does not allow for a full denial, but there are some remedies available to the Employer/Carrier. Claimant refuses to call you back to complete the 3-point contact […]

Greetings, thanks to my colleagues blasting on firm wide emails, social media and linkedin that it was my birthday last week, I received around 250 emails and texts, while I was trying to have a day off. (Please don’t send any now, I get it, you want to wish me a happy…blah, blah) But, you […]

Greetings, If a claimant refuses a light duty job offer, we do not have to pay TPD, unless the refusal was “justifiable.” 440.15 (6) EMPLOYEE REFUSES EMPLOYMENT.—If an injured employee refuses employment suitable to the capacity thereof, offered to or procured therefor, such employee shall not be entitled to any compensation at any time during the […]

Greetings, in the last few weeks I have had several questions about company vehicles and the impact on compensability. Normally, an employee’s trip to and from work is not compensable under the Going or Coming rule.  There are exceptions of course for Traveling Employees, Special Errands, etc…and there is also an exception for transportation that […]

Greetings, There is some understandable confusion as to when a claimant is entitled to “prevailing party” costs for filing a Petition for Benefits.  The Jennings case (below) was the when the 1st DCA separated entitlement to costs from entitlement to attorney fees. In essence, the DCA stated that although fees are not due if a […]