Blog Posts in 2017

  • 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, ...
  • 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 ...
  • 1-Dec-2017


    “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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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? ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 13-Jun-2017


    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. ...
  • 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 ...
  • 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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