Greetings, Once again, as we prepare to gather with family and friends to celebrate the season, we must be on our toes for 1-time change shenanigans over Thanksgiving. As we are all aware, based on multiple 1st DCA decisions interpreting the 1-time change section of the FL WC statute (440.13(2)(f)), we have 5 calendar days […]

Greetings,  thought it would be a good day to reflect on the things that scare me most these days in handling a FL WC claim: Watch out for the claimant to just cite the statute, “a doctor per 440.13(2)(f)”.   The request can be in a fax, email, PFB, etc.  but you still only have 5 […]

Greetings,   Under the current state of the Florida law, a claimant can request an advance of up to $2,000 in their claim, even if the claim has been denied, and regardless of whether or not the E/C will be able to recoup it.  (There is a 2nd layer of advance of up to $7,500 […]

Greetings, I get quite a few compensability questions about accidents that occur on breaks/lunch breaks.   Per the caselaw there is a difference between a regular “15 minute” type break and a lunch break.   The issue of whether it is a paid or unpaid break is not really the determinative issue.   The main factor in whether […]

Greetings, What do you do when a claimant moves away from a light duty job and the Employer does not have any light duty work in the geographic area of the claimant’s new residence? At first glance, it feels like that is a voluntary limitation of income, and you could deny Temporary Partial Disability.   Well…maybe…maybe […]

Greetings, The world of claimant attorney fees can be somewhat confusing, so I thought I would go over the types of fees under the law.  There are attorney fees that are paid by the Employer/Carrier, and those that are paid by the claimant to their attorney (sort of anyway).  Settlements are typically worded as inclusive […]

Greetings, How do you handle a claimant who refuses or is fired from light duty,  if the light duty offered did not pay 80% of their AWW? For example, the employer can only offer 20 hours a week light duty, and the carrier is paying some TPD based on the 80%/80% TPD formula, but then […]

Greetings, We are still in a bit of no man’s land on definitive answers regarding the use of Medical Marijuana and the intoxication defense in Florida.   (The 1st DCA has upheld the law that WC does not need to pay for Medical Marijuana.) Gustafson’s Dairy v. Phillips, 656 So.2d 1386(Fla.1st DCA 1995).  The claimant’s arm […]

Greetings, In the 2015  Jennings v. Habana case (link below), the 1st DCA established that prevailing party costs are separate and distinct from claimant’s attorney fees.  The DCA opined that if the Employer/Carrier provides any benefits after a Petition for Benefits is filed, the claimant “prevailed”.   The court felt this was the case even if […]