Greetings, Despite the return of hourly claimant’s attorney fees, it seems that adjusters are still able to settle some claims directly with the claimant or even the claimant’s attorney. While that is great, we have to make sure all the details are hammered out at the time of the settlement being agreed to…or they are […]
Greetings, As you well know, Florida legalized the medical use of marijuana last year, joining over 30 states that have some form of medical, if not complete recreational, use laws. At a Federal level, marijuana remains illegal as a controlled substance, even for medical use. In 2009, 2011, 2013 and 2014, the U.S. Justice Dept […]
Greetings, DOAH has put out their annual report on WC litigation (Fiscal year July 2016-June 2017), and it’s a nerdy treasure of statistics and reports. This is the first full year of data since the Castellanos decision (April 2016) removing the cap on claimant’s attorneys fees. I’ve attached the link, it’s 230 pages so […]
Greetings, Tis the season for holiday parties and functions, and inevitably, holiday party claims. If its an in-office event during the workday its likely going to be compensable. The events offsite, afterhours or when the workplace is closed are trickier. As a reminder, to be compensable, there are two things that both must apply: The […]
Greetings, The Division of WC has announced: The maximum weekly compensation rate for work-related injuries and illnesses occurring on or after January 1, 2018 shall be shall be $917.00. By special request, a refresher/reminder to increase the PTD supplemental benefits on any PTD claims where it is warranted effective 1/1/2018. For any dates of accident […]
Greetings, today is the day we all have to be extra careful to scour everything that came in late Wednesday or over the weekend for 1-time change requests. So far I only received one, a fax at 5:00 exactly on Tuesday, so it was actually a Wednesday request. As a refresher, we have 5 calendar […]
Greetings, A few tidbits this week: 1) Oral arguments being held tomorrow at the 1st DCA on whether the Maximum Compensation rate is constitutional in Bosch v. Miami Herald, OJCC# 16-008192. The claimant’s AWW is $1,458.93, and 66 2/3% would be $972.62. However, for this 2016 date of accident, benefits were paid per […]
Greetings, by special request, this tip will address Florida-based employee’s who are injured while working out of the state or country (due to the hurricanes or any reason). In general, if it is simply a business trip, the claimant would be considered a traveling employee and in most instances the entire trip is covered under […]
Greetings, On Monday, the National Council on Compensation Insurance (NCCI), proposed a statewide premium decrease of 9.6% for 2018 (rates would be effective 1/1/2018). The Florida Office of Insurance Regulation now has to review the filing and there will be a public hearing in October. The rationale for the premium decrease is that claim frequency […]
Greetings, I am working on a new CEU outline called “Whoops I did it again! Common Mistakes in Litigation”. One of the common mistakes I am seeing is equivocal responses to PFB’s that don’t really say yes or no as to whether the benefit will be provided. A “maybe” type answer is not agreeing to […]