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…
In Florida, following the Supreme Court decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), you must object to an expert, such as a doctor, when his testimony does not comply with Fla. Stat. 90.702. Your specific objection under Daubert is 1) the expert’s testimony is based on insufficient facts, 2)…
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…
If you are a longshoreman, or are covered under the Defense Base Act (DBA) extension, and are injured on the job, you will be entitled to compensation for missed time from work (lost wages) due to your injuries. The Longshore compensation system is based off of your earnings for the…
Florida Statutes, Section 768.0755, which became effective July 1, 2010, provides that: (1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken…
It is vitally important to calculate the average weekly wage (AWW) following an on the job injury in a Defense Base Act (DBA) claim. It is of utmost importance that the AWW be calculated correctly, because the AWW controls how much money you will receive from the insurance carrier following…