As we know, the law requires that a medical benefit which includes, but is not limited to, the treatment, a device or an aid be medically necessary. In order to award that benefit, the test is whether it is medically necessary. A Judge of Compensation Claims may award only those medical benefits that are…
What happens in your Longshore or Defense Base Act (DBA) claim if you re-injure yourself working for a different employer after your initial accident? The answer, like many legal questions, is “it depends.” If a Claimant’s disability results from the natural progression of a prior injury and would have occurred…
The answer to this question is – NO. The 1st District Court of Appeals recently addressed this question and issued an opinion which can be found in Boley Centers, Inc./Comp Options v. William Vines, Case No. 1D14-5869 (November 16, 2015). Specifically, the 1st DCA held that the JCC erred when he…
According to Fla. Stat. 440.13(2)(f), “Upon the written request of the employee, the carrier shall give the employee the opportunity for one change of physician during his course of treatment for any one accident. Upon granting of a change of physician, the originally authorized physician in the same specialty as…
Under the Florida workers’ compensation statute, F.S.A. 440.205, a terminated employee can sue where an employer has fired the employee for exercising his valid claim for workers’ compensation benefits. Fla. Stat. 440.205 states: 440.205 Coercion of Employees. No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason…
While there are no statutory or regulatory provisions requiring a Worker’s Compensation Medicare Set-Aside (WCMSA) proposal be submitted to CMS for review, in all cases, submission of a WCMSA proposal is a recommended process and in some cases a required process. If you choose to submit a WCMSA for review,…
As a general rule, the Judge of Compensation Claims can only consider the testimony of authorized doctors. Likewise, the Judge is limited to determining if the injured worker is owed any benefits in the past for medical care and/or lost wages. Also if a claim was filed for medical treatment…
A represented employee can settle his workers’ compensation case by signing a release of his workers’ compensation claim in ANY third party litigation cases including: An EEOC claim decided March 6, 2015 by Judge Sojourner: Bond v. Hilton Garden Inn/Travelers, OJCC 15-002240MES. A general release in a separation agreement RELATED to the employment…
Issues that are outside of FSA 440 and issues over which the JCC has no jurisdiction per case law and recent JCC decisions: The JCC lacks jurisdiction over all employment benefits between the employee and the employer including reinstatement of medical leave benefits, vacation, or sick leave as those issues…
Obtaining permanent total disability (PTD) benefits under Florida’s workers’ compensation system may not be as hard as previously thought. The First District Court of Appeals affirmed the Judge of Compensation Claims’ Final Compensation Order in the case of Hicks v. Redwine Properties, Inc., JCC Case No. 11-005849MRH. In that case,…