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Articles Posted in workers compensation lien

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Settling vs. taking a case to trial in florida’s worker’s compensation system

When injured on the job, navigating the Worker’s Compensation system in Florida can be quite a daunting task.  One of the most crucial decisions is whether to settle or take the case to trial (commonly referred to as a Final Merits Hearing).   Keep in mind, if the case proceeds to…

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Are Earnings from Concurrent Employment Included When Calculating a Claimant’s Average Weekly Wage?

When computing the claimant’s Average Weekly Wage, “AWW” one must include “concurrent employment” if applicable.  Fla. Stat. § 440.02(27).  “Concurrent” is a term left undefined by Florida Workers’ Compensation Law, but case law suggests it means a “second job” or “moonlighting” that is expected to continue.  Cato Corp. v. Stuart,…

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Florida Workers Compensation Lien

Florida Workers Compensation Lien The workers’ compensation system is designed to provide injured employees with medical and wage loss benefits. Jones v. Martin Elecs., Inc., 932 So.2d, 1104 (Fla.2006). If you are injured on the job or in the scope of your employment you may have a worker’s compensation claim…

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Third party lien calculations differ in paying Federal vs State Workers’ Compensation Liens

The calculations for payment of the the workers compensation lien significantly differ if it is a State WC lien under FSA 440.39(3)(a) or under the Federal Employees’ Compensation Act (FECA).  But what about when calculating Defense Base Act (DBA) liens – which is merely an extension of the Federal Worker’s…

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