Changes in the Florida Workers’ Compensation Law implemented in 1994 provide employer/carriers with a powerful investigative tool. Section 440.13(4)(c), Florida Statutes, was amended as follows: [U]pon the request of the employer, the carrier, an authorized qualified rehabilitation provider, or the attorney for the employer or carrier, the medical records, reports, and information of an injured…

TTD @ 104 WEEKS – CLAIMANT DEEMED TO BE AT STATUTORY MMI & ELIGIBLE TO FILE FOR PTD 440.15, Fla. Stat: (2) TEMPORARY TOTAL DISABILITY.- …….. in case of disability total in character but temporary in quality, 66 2/3 percent of the average weekly wages shall be paid to the employee during the continuance thereof,…

The First DCA entered an opinion on October 16, 2013 that will likely result in appointment of Expert Medical Advisors (EMAs) in many more claims. Banuchi v. Dep’t. of Corrections, (Fla. 1st DCA, Oct. 16, 2013). Prior to Final Hearing, the claimant filed her “Notice of Conflict” wherein she pointed out a conflict in the…

Some attorneys who represent injured workers have been engaging in a tactic designed to generate attorney’s fees without the employer/carrier becoming aware of this exposure. The process is initiated by the claimant’s attorney sending a Petition for Benefits (PFB) via certified mail to the employer/carrier (EC) without ever filing the PFB with DOAH. Even though…

Vecchio, Carrier, Feldman & Johannessen, P.A. is pleased to announce two recent accomplishments by our attorneys. Shareholder Barbi Feldman (left) was recently awarded the AV Preeminent Rating by Martindale-Hubbell Peer Review Ratings. The AV Preeminent designation signifies that Barbi has been rated by judges and fellow attorneys as having the highest possible rating for legal…

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