Greetings, The Division of WC and the Division of Insurance Fraud just issued their annual joint report. Remember, there are two avenues for pursuing WC fraud, the JCC through the WC system and the criminal system through the DIF. Some interesting facts of claims reported to the DIF: 17,300 referrals of suspected fraud last fiscal […]
BY: Thomas G. Portuallo JCC ORDERS Josue Charlot v. Southeast Personnel Leasing/Packard Claims Administration JCC Kerr; Miami District; Order Date: January 27, 2016 OJCC Case: 14-012503MGK; D/A: 5/21/2014 Claimant’s Counsel: Martha Fornaris Former Claimant’s Counsel: Robert Anselmo Former Claimant’s Counsel: Mark Tudino Employer/Carrier’s Counsel: Darien McMillan Briefly: CLAIMANT-PAID QUANTUM MERIT FEE – JCC Kerr […]
BY: Zal Linder | Partner As you may be aware, a new Board Rule was just enacted effective January 1, 2016. Board Rule 200.2 deals with changes to the rules governing nurse case managers and case management as a whole on our files. I have attached a full copy of the Rule to this email. […]
By: Ya’Sheaka Campbell Williams, Partner, Tampa In Festa v. Teleflex, Inc., the First DCA outlined the elements that a claimant must prove in order to recover under the exposure theory of an accident: (1) Prolonged exposure, (2) the cumulative effect of which is injury or aggravation of a pre-existing condition, and (3) being subject to […]
As of January 1, 2016 the State Board revised Board Rule 200.2 to now allow the Employer/Insurer to “utilize qualified medical case managers to provide telephonic or field medical case management services.” Basically this allows a case manager to communicate with the doctor directly but NOT with the injured worker unless permission is given by […]
BY: Zal Linder | Partner It’s a new year and you all are probably looking at some of your claims wondering why they are still hanging around, and even worse, stuck paying weekly TTD checks. Maybe the claimant just doesn’t want to settle. Maybe your defense counsel isn’t returning your emails. Either way, you want […]
BY: Thomas G. Portuallo JCC ORDERS Nelson Roman v. Lynx Transit Authority/Corvel Corp. JCC Condry; Orlando District; Order Date: January 5, 2016 OJCC Case: 04-011438WJC; D/A: 8/10/1995 Claimant’s Counsel: Thomas A. Vaughn Employer/Carrier’s Counsel: Brian B. Bolton Briefly: ONE-TIME CHANGE IN PHYSICIANS – JCC Condry granted the request for a one-time change in physician from […]
By: Thomas G. Portuallo 1ST DCA ORDERS Thomas Beck v. MMI Dining Systems/Montverde Academy/Travelers Insurance Company Appeal of the Order from JCC Condry DCA Order Date: December 31, 2015 Case: 1D15-2767; D/A: 9/4/2013 Appellant’s Counsel: Charles H. Leo and Richard W. Ervin, III Appellee’s Counsel: Justin R. Crum and Steven H. Preston Briefly: CONSTITUTIONALITY OF […]
By: Thomas G. Portuallo 1ST DCA ORDERS Kathy Jennings v. Habana Health Care Center/Gallagher Bassett Services, Inc. Appeal of the Order from JCC Jenkins DCA Order Date: December 28, 2015 Case: 1D15-1749; D/A: 9/1/2014 Appellant’s Counsel: William H. McKnight Appellee’s Counsel: James M. Hess Briefly: TAXABLE COSTS – The 1st DCA reversed JCC […]
BY: Thomas G. Portuallo JCC ORDERS Jacqueline Rodriguez v. Trino & Mimo Corp./Bridgefield Employers Insurance Company JCC Kerr; Miami District; Order Date: December 23, 2015 OJCC Case: 14-013770MGK; D/A: 7/9/2013 Claimant’s Counsel: Raul De La Heria Employer/Carrier’s Counsel: Maria Valdes Briefly: DIAGNOSTIC TEST – JCC Kerr granted the claim for authorization of a discogram […]