In Florida workers’ compensation cases, a dispute will often arise as to whether the injury being treated is related to the work accident, or whether the recommended treatment is medically necessary. If an injured worker files a petition asking for any type of benefit, the insurance company has the right, and is likely to exercise that right, to send an injured worker to a non-treating doctor for the purpose of addressing causation questions or evaluating the authorized doctor’s recommended treatment. Putting aside whether the doctor chosen by the carrier is
IWP is a national pharmacy service working as an advocate for injured workers. They take the financial burden out of the prescription process by shipping medications directly to patients and collecting payment from insurance companies. In an effort to improve service, IWP’s New Retail Access Program allows injured workers to fill their prescriptions at a local pharmacy. This program was designed to help your clients with immediate prescription needs (such as controlled pain medications). The Retail Access Program allows injured workers to get their medications the same day they get their prescriptions
Florida House of Representatives holds “Legislator University” Training: Recent Issues Related to Workers’ Compensation
On December 2, 2016, the Florida House staff held a training session to educate members on issues related to the workers’ compensation system. This presentation includes a history of the “Grand Bargain” and issues going back to 1935. During the presentation lawmakers asked questions about the system including the role of NCCI in the process and how other states address rate-making. Other issues include the recent Florida Supreme Court rulings and how they impact the system. As you will see, workers’ compensation will be a priority in the 2017 session.
The Florida Senate Banking and Insurance Committee held an introductory meeting December 13, 2016 at 10:00a.m. in Tallahassee, Florida. The purpose of the meeting was to introduce the committee members, discuss the role of the committee and to provide a broad overview of the workers’ compensation system. After the Committee and staff provided their presentation, the Committee opened the floor to interested parties for provide comment. FWA was well represented at the meeting by several Board Members. Specifically, Kimberly Syfrett and Richard Chait testified as representatives of FWA. In addition,
Please help us welcome NEUROInternational as our new Platinum Sponsor. NEUROInternational offers a variety of services for injured workers with traumatic brain injuries, spinal cord injuries and head injuries. Specifically, NEUROInternational can assist your clients with neurobehavioral issues, neurorehabiliation, vocational rehabilitation and neurobehavioral supported living as well as other assisted living programs.
Their team members are nationally renowned providers of residential neurobehavioral services for people with traumatic brain injury (TBI / ABI). In Sarasota, Florida, you can find one of the industry’s most comprehensive and diversified teams (over 22 doctors, clinicians,
Contrary to what most people believe, workers’ compensation fraud is more that just an employee exaggerating his medical condition or working for cash while supposedly disabled. While these things do occur and are likely what we all think of when we hear “work comp fraud,” employer fraud (such as underreporting their payrolls to receive lower insurance premiums) accounts for a much, much larger cost to insurers in Florida.
The steady rise of workers’ compensation insurance premiums in the late 1980s and throughout the 1990s operated to set off a series of
PREVAILING PARTY COSTS: Does E/C’s Timely Response To PFB Negate Injured Worker’s Prevailing Party Status? Jennings v. Habana Health Care, ___ So.3d ___, 41 FLW D17 (Fla. 1st DCA 12-28-15)
In December last year, the Court offered practitioners clarification as to when an injured worker can become a prevailing party for the purpose of taxing reasonable costs against the Employer/Carrier. In the Jennings case, the injured worker requested authorization of an orthopedic evaluation in a PFB which the adjuster received on 09-11-14. As required by statute, see §440.192(4), Florida Statute (2014), the
FWA is pleased to welcome and congratulate the following individuals on their appointments as the newest Judges of Compensation Claims by Governor Scott.
Frank Clark has been a key member of the All Injuries Law Firm in Port Charlotte for 8 years. Judge Clark received a Bachelor of Arts degree from the University of South Florida in Tampa in 1984 and his Juris Doctor degree from the University of Florida College of Law in 1987. Judge Clark practiced workers compensation law in Tampa for several firms, representing both employers and injured
Guest blog from our sponsor Synergy Settlement Services. The original blog can be found here.
By Jason D. Lazarus, J.D., LL.M., MSCC, CSSC
Attorneys and clients alike get very confused about which governmental benefits are involved in a case as a result of the accident related disability. The acronyms for the programs are similar and governed by the same or similar government agencies. For example, a disabled client might get Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI). While similar in terms of how you
FJA TO HONOR THREE FWA MEMBERS FOR THEIR RELENTLESS COMMITMENT, PERSEVERENCE AND FORTITUTE IN SEEKING JUSTICE
We are proud to announce that Richard Chait, Mark Touby, and Richard Sicking will be honored by the Florida Justice Association as the recipients of the Jon E. Krupnick Award. The Jon E. Krupnick award recognizes and honors a trial lawyer who efforts on behalf of a particular client reflect a relentless commitment, perseverance and fortitude to seek justice and achieve success through all legal obstacles encountered. The Award will be given during the 2016