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…

In a recent court decision in the case of Bustamante v. Amber Construction Co. and American Interstate Insurance Co., the First DCA held that mere authorization of a change in physician is not enough to avoid the claimant partaking in the self-help nature of Florida Statute 440.13. Specifically, in this case, the claimant requested a…

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