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If your Work Comp Claim is Denied
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Mark LeeMark Lee

If your Work Comp Claim is Denied

If a workers’ compensation claim is denied, in part, or in whole, a notice of denial is filed with the State of Florida. The appropriate form is a DWC-12, which looks like this in format. Once a denial is filed, there are generally two ways the denial is rescinded. 1) the employer/carrier rescinds the denial
March 25, 2023 Comments (0) Share
Injury at Social or Recreational Event | Florida Workers’ Compensation
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Mark LeeMark Lee

Injury at Social or Recreational Event

Injury at Social or Recreational Event | Florida Workers’ Compensation Employers, or groups of employees, sometimes organize events for coworkers to get exercise, increase camaraderie, i.e. sometimes called “team building”. But what happens when someone gets hurt at one of these events, is the injury covered under workers’ compensation? A worker sustaining Injury at Social
February 4, 2023 Comments (0) Share
2023 Maximum Compensation Rate
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Mark LeeMark Lee

2023 Maximum Compensation Rate

2023 Maximum Compensation Rate Florida Statute 440.12 sets forth that there shall be a maximum compensation rate in Florida workers’ compensation claims. It also dictates a minimum compensation rate. The Division of Workers’ Compensation issued a memo that for all injuries in 2023, the maximum compensation rate will be $1,197. This is quite a significant
February 4, 2023 Comments (0) Share
Volunteers and Florida Workers' Compensation Coverage
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Mark LeeMark Lee

Volunteers and Florida Workers’ Compensation Coverage

Volunteers and Florida Workers’ Compensation Coverage There are many volunteer opportunities that are very physical in nature. From building houses to delivering meals, people often give their time and physical efforts towards noble causes. As with any activity, volunteering can subject a person to injury. Florida workers’ compensation coverage is generally available to employees. The
January 18, 2023 Comments (0) Share
Average Weekly Wage
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Mark LeeMark Lee

Importance of Accurately Calculating the Average Weekly Wage

Importance of Accurately Calculating the Average Weekly Wage All indemnity (money) benefits paid to an injured worker throughout the life of his/her workers’ compensation claim are paid based upon the Average Weekly Wage.  If the Average Weekly Wage is under calculated from the beginning, it will result in months or potentially years of under paid
November 12, 2022 Comments (0) Share
forced use of PTO
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Mark LeeMark Lee

Forced use of PTO in Workers’ Compensation Claims

Forced use of PTO in Workers’ Compensation Claims An issue presents in Florida workers’ compensation claims with forced use of PTO, or when in lieu of workers’ compensation benefits – pay is continued by the employer (and not the insurance company), but it docked from the claimant’s personal, accrued/earned time. In the course of my
August 28, 2022 Comments (0) Share
Notice of a Workers’ Compensation Injury
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Mark LeeMark Lee

Notice of a Workers’ Compensation Injury

Notice of a Workers’ Compensation Injury A whole host of issues can come up when a person suffers an injury/has an accident at work involving notice of a workers’ compensation injury. Who do you report it to? When do you report it? When is too late to report it? The individual may not realize the
July 24, 2022 Comments (0) Share
Petition for Benefits
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Mark LeeMark Lee

The Petition for Benefits has been filed; What to Expect

A Petition for Benefits is the primary method to invoke the jurisdiction of the court to resolve disputes in a Florida Workers’ Compensation claim. When there is any dispute regarding benefits owed to an injured worker—either medical and/or lost wage/indemnity, a “good faith attempt” to resolve the issue is sent to the employer/carrier. If the
July 19, 2022 Comments (0) Share
Mileage Reimbursement in Florida Workers’ Compensation
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Mark LeeMark Lee

Mileage Reimbursement in Florida Workers’ Compensation Cases

Mileage Reimbursement in Florida Workers’ Compensation Cases An injured worker[1] is entitled to Mileage Reimbursement in Florida Workers’ Compensation Cases for trips to and from treating providers and to the pharmacy. The current standard rate paid by workers’ compensation insurance carriers is .445 cents per mile. I provide the following form to my clients to
May 14, 2022 Comments (0) Share
Deposition in a Florida Workers Compensatio
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Mark LeeMark Lee

Deposition in a Florida Workers Compensation Case

Under the Florida Workers’ Compensation Act, a primary discovery tool of gathering evidence from an injured worker comes in the form of depositions; [Deposition in a Florida Workers Compensation Case]. Depositions are essentially question and answer sessions involving injured workers, employer witnesses, insurance adjusters, as well as medical providers. The purpose of depositions is to
April 1, 2022 Comments (0) Share