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…

Believe it or not, the idea of providing medical and wage benefits to employees who are injured on the job dates back to Sumeria, 2050 B.C.[1] Back then, benefits provided to the injured worker depended on the ruler’s whim and there was little or no recourse for those that felt they were unfairly treated. In…

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…

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