Greetings, The FL Dept. of Financial Services released the 2023 WC Maximum Compensation rate, $1,197, a 9% increase. This applies to all dates of accident from 12:00 am January 1, 2023 on….memo link below. Also, January 1 is the date to increase PTD supplemental benefits in the following scenarios: Dates of accident since 10/1/2003 Also, […]
Greetings, DOAH (Div of Administrative Hearings), the entity that manages the Florida WC litigation system has just published their annual report which covers July 1, 2021 to June 30, 2022. As always, it’s a great collection of trends and facts about the overall state of WC litigation in Florida. The link to the report is […]
Greetings, the 1st DCA issued an opinion last week “clarifying” what it means that the 1-time change must be within the same specialty. Previously, the 1st DCA had said that neurosurgeon is not the same specialty as an orthopaedic surgeon for the purpose of a 1-time change, even if they both perform back surgery in […]
Greetings, This week always brings about claimant’s attorneys attempting to sneak a 1-time change by, in the hopes it gets lost in shuffle. So here is the annual reminder of what to look out for and how to handle the situation. As we are all aware, based on multiple 1st DCA decisions interpreting the 1-time […]
Greetings, I am often asked about light duty job offers, what needs to be in them, and do they have to be in writing. Here’s a few things to consider: The law does not require the offer to be in writing to be a valid job offer BUT invariably the claimant may deny being offered […]
Greetings, In the last week I have received several questions about IME’s (Independent Medical Examinations) under 440.13(5). The statute (below) gives the E/C the right to have ONE IME per claim (date of accident) regardless of the number of body parts claimed. However: If your IME will put into their report or testify that they […]
Greetings, Well what seemed liked a minor change to the Q-rules of Workers’ Comp Procedure back in February 2022 is now leading to some issues on paying settlements. The rule change simply stated that a JCC did not have to approve the costs a claimant was paying their attorney, only the amount of the attorney […]
Greetings, I hope all of you that were in the path of hurricane Ian escaped with minimal issues and are doing well. A few of you have asked for an update on medical marijuana in Florida’s WC system. There really are two aspects, do we have to pay for it under FL WC and is […]
Greetings, “Lately” I have had few cases dealing with the untimely reporting of claims. With a few exceptions (see the statute below), a claimant has 30 days to report the accident to the employer or be barred from filing a claim. A few things that have come up recently: Reporting the accident but refusing initial […]
Greetings, idiopathic claims remain some of the most difficult claims to navigate. Lately I have had a few questions on what and when we are responsible in an idiopathic claim in FL. The 1st DCA did issue a good case back in February, Silberberg, and my Tip on that is below. To summarize where we […]