It is not unusual for entities other than the workers’ compensation insurance carrier to pay medical expenses following a work-related accident. The most common payors are health insurance carriers, Medicare, and Medicaid. (PIP (a/k/a “No Fault”) insurance also pays if the accident involves motor vehicles, but since their rights are…
Florida workers injured in the course and scope of their employment may end up receiving simultaneously both workers’ compensation indemnity (money) benefits under Florida Statute 440.15 and Social Security Disability benefits under 42 U.S.C. s. 423. When this happens, Federal law and Florida law provide that the combined benefits shall…
Workers’ compensation employers and carriers (“E/C”) “shall furnish to the employee … medically necessary remedial treatment, care and attendance….” See s. 440.13(2)(a), Florida Statutes. 440.13(1)(k) defines “medically necessary” as follows: “Medically necessary” or “medical necessity” means any medical service or medical supply which is used to identify or treat an…
The Florida Legislature meets yearly in Tallahassee, the State’s Capitol, to craft new legislation during a two month session. In an annual tradition, Republican legislators set its sights on reducing the quantity and quality of workers’ compensation benefits available to injured workers. Since 2016, those legislators have been unable to…
This memo was written by me for an upcoming workers’ compensation trial. The key issue in the case is whether Florida’s “120-Day Rule” (F.S. 440.20(4)) will preclude the Employer/Carrier from denying the compensability of a number of claimant’s injuries and medical conditions. If the answer is Yes, the Claimant should…
Almost every trial level decision made by a Florida judge of workers’ compensation claims (JCC) relies, at least in part, on the opinion of a physician. If there is a disagreement in the opinions of the health care providers, section 440.13(9)(c), Florida Statutes allows the JCC to appoint what the…
Few parts of Chapter 440 of the Florida Statutes demand as much attention from the workers’ compensation insurance carrier as section 440.20(4), Florida Statutes. It provides: If the carrier is uncertain of its obligation to provide all benefits or compensation, the carrier shall immediately and in good faith commence investigation…
Florida statute 440.11 precludes workers injured on the job from recovering damages from the employer at law or in admiralty on account of such injury or death. Damages at law or in admiralty include non-economic damages such as pain and suffering. It is a common law remedy. Damages for pain…
Florida lawyers handling accident cases are obligated to make every effort to search out all potential revenue sources to justly compensate their clients. Typically, people harmed in the workplace are entitled to workers’ compensation benefits, which are furnished by employers and their workers’ compensation insurance carriers (“E/C”). Because of the…
From the perspective of injured workers, I am a frequent critic of Florida’s Workers’ Compensation System. Of the many inequities built into the System, I reserve my greatest disdain for its rules on the provision of medical care. Essentially, employers and their workers’ compensation insurance carriers get to pick all…