Court Affirms Denial of Benefits Based on Improper Social Security Number. Signaling how easy it is in Florida to deny workers’ compensation benefits to an injured illegal immigrant, yesterday a...
Florida Illegal Immigrant Caught in Catch-22 Florida Illegal Immigrant Caught in Catch-22Testimony by the employer’s independent medical examiner, in which the physician opined that the major contributing cause of claimant’s need for treatment for his respiratory condition was his 17-year history...
Florida IME MD Need Not be Board-Certified Pulmonologist to Testify as to Causation of Lung Condition Florida IME MD Need Not be Board-Certified Pulmonologist to Testify as to Causation of Lung ConditionIn a divided decision, a Florida appellate court found that a state trial court had erred when it dismissed an action filed by an injured worker against her workers’ compensation...
Injured Worker May Proceed Under Florida’s Consumer Practices Act Against Her Medical Providers Injured Worker May Proceed Under Florida’s Consumer Practices Act Against Her Medical ProvidersThis Wednesday (July 10, 2019), Connecticut Governor Ned Lamont, flanked by a group of first responders and state legislators, signed into law a new provision [S.B. 164, enrolled as Public...
PTSD Now a Compensable Condition in Connecticut—But Only if You’re a First Responder PTSD Now a Compensable Condition in Connecticut—But Only if You’re a First Responder§ 440.13(9)(c), Fla. Stat., which provides a presumption of correctness to the opinion of an expert medical advisor (“EMA”), is not violative of separation of powers, equal protection, and due...
Presumption of Correctness Afforded Florida’s EMAs Passes Constitutional Muster Presumption of Correctness Afforded Florida’s EMAs Passes Constitutional MusterWhile Not an “Employee Leasing Company,” It Qualified as “Employer” A Florida appellate court held that a talent payroll services firm, while not an “employee leasing company,” was nevertheless an...
Florida Talent Payroll Services Firm is “Similar Agent” Under “Employer” Statute Florida Talent Payroll Services Firm is “Similar Agent” Under “Employer” StatuteA Florida appellate court has upheld the constitutionality of a provision within the state’s Workers’ Compensation Act [§ 440.093(3), Fla. Stat.] that cuts off temporary benefits for psychiatric injuries six...
Florida’s 6-Month Limitation on Temporary “Physical-Mental” Benefits is Constitutional Florida’s 6-Month Limitation on Temporary “Physical-Mental” Benefits is ConstitutionalDeeply Divided Florida Court Says Risk of Tripping Did Not Arise Out of Employment Emphasizing that eligibility for workers’ compensation benefits turns on whether the employment led to the risk...
No Recovery for Home-Based Workers’ Comp Adjuster Who Trips Over Her Dog No Recovery for Home-Based Workers’ Comp Adjuster Who Trips Over Her DogUnsuccessful Job Applicant Sought to Utilize Statute After Passing Drug Test, But Not Getting Job § 440.102, Fla. Stat., which establishes a drug-free workplace program as part of Florida’s overall...
Florida Comp Act’s Drug-Free Workplace Program Statute Provides no Private Right of Action Florida Comp Act’s Drug-Free Workplace Program Statute Provides no Private Right of ActionAgent Scurries to Get Coverage After Workplace Accident Where, following a workplace accident causing injury to an employee, the uninsured employer called its insurance broker regarding the expected workers’ compensation...
Florida Court: No Coverage Where Policy Procured After Worker’s Injury Took Place Florida Court: No Coverage Where Policy Procured After Worker’s Injury Took PlaceWhat Does Florida Have Against Teachers and Bartenders? As I posted Monday [click here to view that post], a bill to extend relatively broad PTSD coverage to Florida’s first responders...
Commentary: How Equitable is Florida’s New PTSD Coverage? Commentary: How Equitable is Florida’s New PTSD Coverage?Earlier this month, the Florida Senate and House both unanimously passed Senate Bill 376, so as generally to allow workers’ compensation benefits for first responders who suffer PTSD as a...
Florida Legislature Approves PTSD Coverage for First Responders Florida Legislature Approves PTSD Coverage for First Responders