2nd DCA HOLDS THAT STATE COURTS HAVE JURISDICTION TO HEAR DEBT COLLECTION HARASSMENT LAWSUITS BROUGHT BY INJURED WORKERS AGAINST WORKERS’ COMP MEDICAL PROVIDERS OVER ERRONEOUS BILLS
By Richard K. Peck, IV, Esq., FWA Sponsor
On October 16, 2019, in Davis v. Sheridan Healthcare, 2019 Fla. App. LEXIS 15461 (Fla. 2d DCA 2019), the 2nd DCA reversed two Hillsborough County Circuit Court opinions which had found that Florida’s Workers’ Compensation Law, more specifically 440.13(11)(c), granted exclusive jurisdiction to the Department of Financial Services for all billing related complaints related to bills subject to
By Porter Leslie, President of Ametros.
1. “What is my risk if my client makes mistakes with their MSA?”
2. “What’s the chance that Medicare denies my client’s care because they misused or misreported their Medicare Set Aside funds?
3. “Why can’t my client just find coverage through another private insurance plan?”
Determining the best approach to address MSAs with their client in the settlement process can be a challenge for many plaintiff attorneys. The questions above are common amongst plaintiff attorneys who struggle to provide comprehensive advice to their clients regarding the regulations and ramifications of the Medicare Secondary Payer statute
By Josh Pettingill, Vice President of Synergy Settlements, Medicare Secondary payer Compliance
The feeling can be overwhelming for any claimant who receives a large windfall of settlement money, but more so for an unbanked, undocumented worker who is unfamiliar with common banking laws in The United States. There is a large contingent of undocumented workers living in the US, most notably from Mexico and Guatemala. The reality for many of these foreign-born claimants is that they have never had savings or checking account. It is common practice that many of these undocumented workers financially support their families
It’s almost that time of year again: the annual FWA Educational Conference. This year, from June 6-7, the FWA heads back to the “landmark of luxury and service”: the Rosen Shingle Creek Hotel in Orlando, Florida. This towering, yet welcoming, hotel is the site of many weddings and events, and overlooks its beautifully-sculpted golf course. In fact, it was the site of the 2015 and 2011 FWA Educational Conferences. While returning to the locale will bring back fond memories of old, this year’s conference is taking a new shape.Register Here
We are sharing the 2018 Top Ten Workers’ Compensation Fraud Cases compiled by North Carolina attorney Leonard T. Jernigan, Jr. and his law clerk, Alondra Bribiesca. He compiles this top 10 list every year.
Non-Employee Fraud Cases – 10 $99.7 Million
Employee Fraud Cases – 0 $ 0 Million
Total $ 99.7 Million
Three of the top ten cases in 2018 are from California, Three from Texas, Two from Florida, and Two from New York.
1. (TX) Doctors, Worker Advocates Indicted in $40 Million Compound Scheme (7/12/18)
Three doctors and two pharmacy operators were indicted in a $40 million federal workers’ compensation and
By: Prevail Case Management
Simply put, a case management system is a piece of computer software that allows you to make fewer trips to the filing cabinet by tracking a great deal of client information right on the computer, and then using that information to help you run your practice. Although different systems have different levels of functionality, there are certain functions that are central to virtually all case management systems.
The focal point of any case management system is a shared database of all your client information. This information is stored in a common location so that it
By Danielle Jaffee
Director of Legal & Government Affairs, Injured Workers Pharmacy
Injured Workers Pharmacy (IWP) is a specialized workers’ compensation home delivery pharmacy that helps injured workers access their prescription medications without delays, denials, or out-of-pocket costs. To learn more about IWP, visit their website at www.IWPharmacy.com.
The opioid epidemic is no stranger to Florida. In 2016, there were 2,798 reported opioid-related overdose deaths in the state, a rate of 14.4 deaths per 100,000 persons. The national average is 13.3 deaths per 100,000. While there is no single fix
By John F. Sharpless
I don’t think Steely Dan was contemplating the DWC-19s when they wrote “Hey Nineteen” and crooned about how the Cuervo gold and fine Columbian make tonight a wonderful thing! But we all have come to know and love the Employee Earnings Reports (hereinafter “DWC-19”s) which are sent to our clients in just about every workers’ compensation case. They can be can be a pre-cursor to a fraud claim, suspension of benefits, and potential defense to TPD or other indemnity; and like Cuervo Gold and fine Columbian, they
In this segment of our Past President Profile, we were able to speak with Brian Sganga regarding his background and leadership of FWA.
You can read his responses below.
How did you first get into Workers’ Comp?
I struck out on my own in a small town and looked for an area of law that was underserved in my locale in Lake City. Workers’ comp was it. That was 1995.
What case(s) do you remember most?
My very first trial. It was against Bill Rogner and it was an internal failure case. Several things I
Blog reposted from our Sponsor Synergy Settlement Services. The original blog can be viewed here.
An intriguing case, Mayo v NYU Langone Med. Ctr., just came out of the Supreme Court of New York, reminding the trial bar that when resolving a conditional payment for a Medicare beneficiary only the “Final Demand” letter is final. Reliance upon a “Conditional Payment Letter” (CPL) is inappropriate. The Mayo case revolved around whether a settlement agreement may be declared void, based on an incorrect assumption of the Medicare conditional payment amount. The conditional payment amount in this specific