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Impairment Income Benefits – Florida Workers’ Compensation When an injured worker is placed maximum medical improvement, the treating physician assigns an impairment rating. The impairment rating is based on the amount of permanent dysfunction according to the 1996...
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...
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...
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...
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 Once a denial is filed, there are generally two ways the denial is rescinded. 1)...
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...
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...
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...
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...
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...