Greetings, I have been getting a lot of questions about what is going on in the Fla Legislature regarding proposed changes to the WC law. A bill has passed the House of Representatives and a Senate bill has passed committee but will need to be voted on by the entire Senate. And then a reconciled […]
Greetings, by special request, I am doing this tip on the effect a termination of employment has on TPD benefits. A. If the claimant voluntarily resigns, and the employer was providing light duty with no loss of earnings in the 80/80 formula, you can deny TPD. However, a few caveats from the caselaw: […]
Do you have employees/claimants treating in pain management or with narcotics? Do you worry that overdose could result in fatal consequences, and whether that’s compensable? With the pain pill epidemic and risk of dependence and abuse, these are timely questions to consider. In Tennessee, these issues are analyzed under the independent intervening injury standards, and […]
Erin Agricola and Matthew Williams successfully defended a workers’ compensation lawsuit on behalf of a large tire manufacturer in February 2017. On or about September 20, 2015, while working in the line and scope of his employment, Plaintiff Jim Knox suffered an injury to his right eye when he took off his safety glove, removed […]
By: Sean O’Neil, Associate, Jacksonville It is hardly a unique situation– the claimant files a Petition for Benefits seeking an orthopedic referral or authorization of diagnostic testing while under the care of an authorized physician, but fails to attach the actual referral or office note. Additionally, there are times when there is no referral for […]
By: Ya’Sheaka Williams, Partner, Tampa What is the employer/carrier’s responsibility to an injured worker when an injury causes such disability that their current residence cannot accommodate them? This occurs in cases where the claimant sustains a catastrophic injury such as paraplegia, quadriplegia, or other wheelchair bound injuries. In short, the employer/carrier must provide reasonable and […]
By: Ryan Knight, Associate, Miami It is every adjuster’s worst nightmare, a serious accident followed by the development of an even more serious medical condition. What happens when a claimant is involved in a compensable accident and then suffers a heart attack or stroke? Where is the imaginary compensability line drawn? The first question you […]
Greetings, Soon we could be faced with claimants who, as my grandmother would say, are “taking the pot”. And I have recently been asked by several clients how to deal with “certifications” for usage of medical marijuana (it will be called a certification and not a prescription). As long as the use of marijuana for […]
Greetings, well we are almost 11 months into the post-Castellanos world, and one thing is for certain; there has been an increase in Petitions for Benefits. Compiling the good and the bad of what I have seen over the past few months, here are a few do’s and dont’s in responding to PFB’s. DONT’S […]
Greetings, as part of our Firm’s Briefly Speaking updates, a separate update is done on just the attorney fee awards so we can all track our exposure. For January, for the cases that went to a fee hearing, the dollars awarded were: Hourly rate Total Venue $ 275 $ 6,905 Lakeland $ 150 $ 1,500 […]