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Mold Exposure Cases
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Mark LeeMark Lee

Mold Exposure Cases – Florida Workers’ Compensation Claims

Mold Exposure Cases – Florida Workers’ Compensation Mold Exposure Cases are difficult to prove under the Florida Workers’ Compensation Act. Under Florida Statute section 440.02(2) which states: An injury or disease caused by exposure to a toxic substance, including, but not limited to, fungus or mold, is not an injury by accident arising out of
September 24, 2023 Comments (0) Share
workers’ compensation Medicare set aside arrangement (WCMSA)
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Mark LeeMark Lee

What is a Workers’ Compensation Set Aside Arrangement?

In years past (pre-1980’s), Medicare beneficiaries would settle their claims with workers’ compensation and then the very next day, would put medical services through Medicare. CMS/Medicare did not appreciate paying for expenses that should otherwise be covered by workers’ compensation (or other payers), and thus the Medicare Secondary Payer Act was enacted. The MSP comes
May 22, 2023 Comments (0) Share
Medical Non-Compliance in Florida Workers’ Compensation Claims
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Mark LeeMark Lee

Non-Compliance in Florida Workers’ Compensation Claims

Non-Compliance in Florida Workers’ Compensation Claims I have heard this phrased several ways from clients: ‘the adjuster said if I didn’t make the doctor appointment, my benefits would be cut off” “I had to reschedule an appointment, and the adjuster suspended my benefits” “I missed an appointment, and my case was denied” What this describes
May 14, 2023 Comments (0) Share
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 Once a denial is filed, there are generally two ways the denial is rescinded. 1) the employer/carrier rescinds the denial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