Blog Posts in 2017

• Posted By Paulette Brown 28-Dec-2017

  Timely Reporting of An Injury

  Was the accident reported timely? The question would appear to be quite simple, but in most cases, if you are questioning whether the accident was reported timely then the facts of that case may not be that simple. According to Section 440.185, ...

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• Posted By Marko Crespo 20-Dec-2017

  Misconduct in the Workplace and Suspending Temporary Partial Disability Payments

  Misconduct is defined in Section 440.02(18) as the following: (a) Conduct evincing such willful or wanton disregard of an employer’s interests as is found in deliberate violation or disregard of standards of behavior which the employer has ...

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• Posted By Crystal Corry 1-Dec-2017

  REASONABLENESS OF TRAVEL TIME/DISTANCE ASSOCIATED WITH AUTHORIZED WORKERS' COMPENSATION PHYSICIANS

  “Only those who will risk going too far can possibly find out how far one can go” - T.S. Eliot Must we go too far to discover just how far we can go…… Pushing the envelope… challenging limits of our ...

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• Posted By Starlene McGory 15-Nov-2017

  Recoupment of Overpayments of Indemnity Benefits in Workers' Compensation

  In workers’ compensation cases, an employee/injured worker may be entitled to temporary indemnity benefits from the workers’ compensation carrier following an industrial accident. If such benefits are paid, overpayments of such benefits ...

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• Posted By Deirdre F. Aretini 17-Oct-2017

  The End of DACA and Dos and Don'ts for Employers

  As of the today’s date, Congress and the Trump Administration have been unable to strike a deal that would halt the termination of the Obama-era program designed to protect young, undocumented immigrants often referred to as ...

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• Posted By Marko Crespo 5-Oct-2017

  Benefits for Mental or Nervous Injury

  The First District Court of Appeals recently rendered a decision that is consistent with prior rulings regarding the payment of benefits for a mental or nervous injury stemming form a compensable physical accident in Utopia Home Care/Guarantee ...

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• Posted By Starlene McGory 14-Sep-2017

  Statute of Limitations: Practical Application

  What happens when an injured worker comes back more than two years after a compensable worker’s compensation accident and requests medical care or other worker’s compensation benefit? Should you authorize or deny the request or claim? ...

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• Posted By Crystal Corry 21-Aug-2017

  Feeding Frenzy: What You Should Know About Attorney's Fees

  Q- Why don’t sharks eat lawyers? A- Professional Courtesy. Yes, a bad lawyer joke folks. Love or hate them – they are here to stay as part of our “culture”. Lawyers, sharks….. as summer time comes to close with a solar ...

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• Posted By Deirdre F. Aretini 14-Aug-2017

  Don't Get Tripped up by Travel Time Pay

  Don’t Get Tripped up by Travel Time Pay Travel pay and compliance with the Fair Labor Standards Act (FLSA) for non-exempt hourly employees is a confusing subject for most employers and for good reason. While most questions require a ...

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• Posted By Marko Crespo 24-Jul-2017

  One-Time Changes

  While there are many time-sensitive related matters in workers’ compensation, one of the most important issues is the request for a one-time change of physician. Under Section 440.13(2)(f) of the Florida Statutes, “Upon the written ...

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• Posted By Paulette Brown 12-Jul-2017

  Helpful Tips To Avoid A Stop-Work Order Being Issued On Your Company

  Construction Industry - One (1) or more employees, including the owner of the business who are corporate officers or Limited Liability Company (LLC), there needs to be valid exemptions* for all at that company filed with the State of Florida or valid ...

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• Posted By Starlene McGory 29-Jun-2017

  Permanent Total Disability 101

  When a worker is injured on the job in the state of Florida, Florida Statute Chapter 440 outlines the benefits an injured worker may be entitled to, which includes various medical and indemnity benefits. On the indemnity side, these benefits ...

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• Posted By Crystal Corry 13-Jun-2017

  WAIVER OF MEDICAL NECESSITY - SUMMARY OF RELEVANT STATUTES

  WAIVER OF MEDICAL NECESSITY - SUMMARY OF RELEVANT STATUTES Sometimes the best thing said is nothing at all - an expression that can often provide valuable advice, but not when it comes to the statutory provision of 440.13(3) (d) and (i), Fla. Stat. ...

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• Posted By Deirdre Aretini 22-May-2017

  5 Facts about Workers' Comp Reform, Castellanos, and Westphal

  5 Facts about Workers’ Comp Reform, Castellanos, and Westphal Confused about what the recent Florida Supreme Court decisions in Castellanos v. Next Door Company, Westphal v. City of St. Petersburg, and the Florida legislature’s failure to ...

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• Posted By Marko Crespo 8-May-2017

  Basics of the Average Weekly Wage

  In a post Castellanos world, locking down the average weekly wage at an early stage is as important as ever. Claimant’s attorneys now have more of a reason to follow up on issues such as a mere adjustment of the average weekly wage. Although ...

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