Morgan’s Tip of the Week – Newly Hired Challenges
Greetings,
The economy in Florida is starting to climb back, and tourism is returning (judging by the number of shrieking, wailing and marauding children at Orlando Int. Airport this weekend).
As of right now, Floridians on Unemployment continue to receive the $300 Federal boost on top of the state max of $275. That is slated to continue until September 6, 2021, but at least 4 states have recently ended their acceptance of the Federal aid. Florida so far has made no comment on ending it early. Remember, UE is a direct offset to TPD, after the 80%/80% formula. And UE is a bar to receiving TTD.
Another issue to consider is the impact vast numbers of the recently hired (and then injured), will have on AWW calculations. For health insurance to be included in AWW, the claimant must be receiving it on the day of the accident. If their coverage starts the day after the accident, it never gets included in the AWW. There is caselaw on the issue, a claimant whose health insurance started at 90 days, but was injured on day 88, did not get the HI included in the AWW.
And if the claimant did not work substantially the whole of the 13 weeks prior to the accident, there may not be a contract of hire or similar employee (same shift/crew and same pay rate). The claimant’s actual wages divided by the actual number of weeks may be what is the closest approximation of what a JCC may do. Each case is specific of course, and we will be glad to help out with free advice on any AWW calculations.
Sincerely,