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…

For the last 5 years in Florida, lawyers have been having exciting water cooler debates on which evidentiary standard to use for admissibility of expert opinion. You may have heard your attorney refer to the “Frye Standard” or making a “Daubert Objection”. But why would an evidentiary standard be any different for an expert witness…

Nurse case managers (NCMs) are an integral part of managing the medical treatment for injured workers in today’s workers’ compensation system. Nurse case managers provide beneficial services such as coordinating medical care, issuing prompt updates on recent medical treatment to the carrier and defense attorneys, and providing a consistent and reliable medium of communication between…

At some point in every workers’ compensation adjuster’s career, and likely on many occasions, he or she will undoubtedly encounter a request for an advance of compensation by an injured worker whose case they are handling. Injured workers request advances for many reasons, but the case law is now clear that advances should only be…

Often times we are in the midst of litigation and our clients ask: “Why isn’t this case over yet?” To them it is clear what the other side is entitled to and what they are not entitled to. So they cannot understand why there is litigation over something that, to them, is black and white….

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…

  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…

It is very easy to lose sight of the fundamentals when dealing with high volume and largely mundane claims which comprise much of the workers’ compensation landscape. This is especially true with regard to temporary partial disability benefits and light duty job offers. The vast majority of workers ‘ compensation claims start the same way…

10 Do’s and Don’ts regarding Deposition Testimony As Claimant attorneys are scheduling more witness depositions throughout the course of litigation, we wanted to forward this refresher on deposition testimony. 1. Do not volunteer information. Answer only the question that is being asked. No matter how much your answer may assist the case, do not expand…

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…

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