Before the holiday, the 1st DCA addressed the status of the 104 week cap on temporary benefits in Gomez-Lujano v. Palm Beach Grill, 1D15-670. The issue is still pending before the Florida Supreme Court in the Westphal case. In the first 1st DCA Westphal decision, the court found the 104 week cap to be unconstitutional, […]
This is the week we don’t give thanks for the 1st DCA’s decisions regarding one-time changes. Every Wednesday before Thanksgiving, as sure as the black Friday crowds, you can count on some claimant attorney’s trying to slide a request for a 1-time change by an E/C so they can choose the doctor. Anything date stamped […]
Greetings, last week the 1st DCA issued a ruling in Frankel v. Loxahatchee Club, Inc. (1D15-1289), regarding apportionment (440.15(5)(b)). Click HERE for Frankel case. The E/C argued that they only needed to pay 55% of the claimant’s arthroscopic shoulder surgery, because the treater said 25% was due to preexisting condition and 20% was due to degenerative […]
Greetings, I have had several recent questions about whether the Employer/Carrier has to provide treatment for unrelated personal health conditions necessary to treat the work related injury, the old hindrance to recovery theory. We often see this with a claimant being unable to undergo a surgery due to unrelated cardiac or diabetic issues. Arguably the […]
This week, the Florida Supreme Court agreed to hear the claimant’s appeal in the case of Stahl v. Hialeah Hospital, a challenge to the constitutionality of the Fla WC statute. The Fla Supreme Court’s decision to hear the case was discretionary, meaning they voluntary agreed to hear it. The claimant was seeking Permanent Partial Disability […]
By: Morgan Indek, Partner Greetings, Don’t yawn and go to sleep after reading the subject line. A question recently came up regarding Social Security offsets, and when to take the offset. We can only offset and reduce compensation benefits with SS Disability, there is no offset for SS Retirement benefits. The SSD offset ends at […]
By: Morgan Indek | Partner Greetings, I have seen a recent trend with claimant attorney’s seeking attorney fees for filing a Motion to Compel a response to their Request to Produce. Recently, two Judges in Central Fla have given the claimant’s attorneys hourly fees for simply filing the Motion, the Motions were not granted as […]
By: Morgan Indek | Partner Greetings, I had a client ask me to do a blurb they can send to their clients about late reporting of Workers Comp motor vehicle accidents, an all too common problem. Most of the time this stems from the employer not thinking it is a WC claim. 1) In general, […]
By: Morgan Indek | Partner Greetings, Last week, the 1st DCA affirmed a JCC decision without a written opinion regarding a Motion to Enforce settlement in Harden v. Kolb Enterprises, Inc. (OJCC# 14-014998, 1D15-0735). In a nutshell, it appears the represented claimant’s attorney settled the claim directly with the adjuster. When the E/C’s attorney sent […]
By Morgan Indek | Partner Greetings, In the past few weeks I have received a number of questions about undocumented/illegal alien workers and WC benefits, so I thought I would send a refresher. In the statute, under 440.105 (4)(b)(9), it states “it shall be unlawful for any person:” 9. To knowingly present or cause to be […]