• We are pretty good at finding out the fringe costs when we find out the claimant is terminated, but sometimes their health insurance ends without their employment ending.   The claimant’s health insurance premium is usually payroll deducted, and if they are out on WC, that employee portion still needs to be paid.  Employers handle this differently, some make the claimant write a check to the health insurance company, some make them reimburse the employer, etc…If the employee premium portion is not paid, the health insurance cancels.   If that happens, the employer should let the adjuster know as soon as possible.

• Regardless of WHY the health insurance ends, we do need to increase the AWW.  It is pure math, there is no voluntary limitation of income argument to the increase in the AWW, even if they got fired.  (A defense to paying indemnity, maybe, defense to AWW increase, no)

• When the PFB is filed seeking either AWW correction or indemnity, it is a good time to re-confirm with the employer the status of the fringe benefits.  Any corrections made within 30 days would avoid attorney fees.  We still may owe penalties and interest if the underpayments are late beyond 7 days, but not attorney fees.

We CAN do better!   As always, please let me know if you have any questions.

Join us for our upcoming Orlando, Tampa and Atlanta holiday parties (see flyer attached), and be sure to sign up for our educational FL, GA and TN CEU webinars:  https://eraclides.com/events/

4 hour FL law and ethics CEU on 12/4/24:    https://eraclides.com/events/join-eraclides-gelman-for-the-4-hour-law-ethics-update/

Sincerely,

Morgan Indek | Managing Partner