Claimants frequently experience more than one workplace accident throughout the course of their career. Typically, an old injury with an ex-employer will not have a big impact on how to manage a new workers’ compensation claim. It becomes confusing, however, when an employee injures the same body part with different employers at different times. If…

You may have heard the term “affirmative defense” used loosely in seminars or case law updates. However, you may not be completely aware of the legal definition and legal impact associated with this term. The legal dictionary defines affirmative defense as, “A new fact or set of facts that operates to defeat a claim even…

One of the best methods to reduce all forms of exposure is the employer bringing the claimant back to work within restrictions and limitations.  Temporary partial disability benefits tend to constitute the lion’s share of indemnity benefits payable to injured workers in many cases.  Bringing the claimant back to work within restrictions and limitations can…

Every day in the news we hear about the opioid crisis in America or a new state legalizing marijuana. These drug issues have been affecting the workers’ compensation world more and more. Whether the injured worker is taking a medication not prescribed by a doctor or if they took their significant other’s “marijuana-laced” medicine, failed…

  Don’t miss out on your chance for payback! Often times Employers and Insurance Carriers miss the chance to recover from other parties responsible for the employee’s injury/accident. The right to recover extends to those benefits already paid to the employee, as well as to future benefits. Consider this if the work accident was a…

  To recover in a workers’ compensation case in Florida, by way of example, a worker must suffer “an accidental compensable injury or death arising out of work performed in the course and the scope of employment.”[1] Therefore, it can become especially tricky to ascertain if the Claimant has suffered a compensable injury when the…

With the changes in the Florida workers’ compensation law post Castellanos, attorney’s fees continue to be at the forefront of every single workers’ compensation case with claimant attorneys hoping to secure a back attorney’s fee in addition to a fee on the settlement of every claim. Multiple Petitions for Benefits are being filed in every…

Employers and their workers compensation carriers have been hit with two major blows as a result of a decision from the first District Court of Appeals in Miles v. City of Edgewater Police Department and a decision from the Florida Supreme Court in Castellanos v. Next Door Company. Both of these cases deal with different…

Like other forms of civil litigation, the majority of workers’ compensation claims settle short of trial. Even claims that have been tried and appealed on multiple occasions tend to settle via lump sum at some point. Settlement of a claim is comprised of 2 major elements: settlement of future wage loss/indemnity benefits and settlement of…

The First District Court of Appeal has suggested that in order to deny benefits pursuant to a Major Contributing Cause (MCC) analysis, the employer/carrier may need to issue a 120 day pay and investigate letter in every case. Babahmetovic v. Scan Design Florida, Inc./Zenith Ins. Co. (Fla. 1st DCA, Oct 8, 2015). The dispute in…

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