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
The Office of Insurance Regulation heard testimony on the 19.6% workers’ compensation rate increase yesterday. President Touby led a delegation that testified, including Chris Smith, Richard Chait and Rick Morales.
Links to the video archive of the hearing can be found below.
Additionally, Florida Politics published a story with quotes and summary that be viewed here.
On June 3, 2016, elections were held in Orlando, Florida for seven At-Large seats on the FWA Board of Directors. FWA is pleased to announce the addition of four new members to the Board of Directors. The following FWA members were chosen by the general membership to serve on the Board of Directors:
Lance Avera of Avera & Smith, LLP in Gainesville, Florida has been practicing almost exclusively in the field of workers’ compensation for the past 27 years. He has been Board Certified in Workers’ Compensation with the Florida Bar
Why does workers compensation have to be so confusing? Injured workers hear terms like “maximum medical improvement” or “MMI” and often have no idea what this really means in terms of their benefits, ability to return to work, or access to ongoing medical treatment. In a Florida workers compensation case, an injured worker receives medical treatment from the doctor chosen by the insurance company until that doctor decides the worker has received all the medical care needed to improve from the work injury. If the injured worker is completely healed at
One of our sponsors, Specialty Allocations, is putting on a lunch and learn webinar on March 23, 2016 from 11:30 a.m. – 12:30 p.m. The webinar will provide information on how to calculate future medicals to assess a client’s case. Joining in the live presentation will be our members Glen Weiland and Adam Littman.
Specialty Allocations stands out in the industry by providing accurate, thorough and timely future medical projection services. Their reports are produced by a highly-credentialed and experienced team of medical specialists. Their MSA approval record and relationship with CMS is
The Miami Herald sent a year’s end email out:As the year draws to a close, we would like to give thanks to our loyal readers, subscribers and advertisers. By supporting our dedicated journalists, you make so many things possible:
JUSTICE for the students of Florida for-profit colleges. A year-long investigation by Miami Herald reporter Michael Vasquez revealed an industry rife with fraud, leading students to go into debt without degrees or jobs to show for it. In the wake of the series, Miami’s most politically powerful for-profit college closed, and its
A new story was published December 11, 2015 by staff writer Michael Grabell on ProPublica. The story details the measures taken by Tyson Foods over the last 25 years to take the lead in changes in state workers’ compensation systems. The article is extremely detailed, and provides in depth analysis of Tyson’s actions in different states to push workers’ compensation reforms-typically, at the expense of benefits and remedies available to injured workers.
The article can be accessed at the following link: Tyson Foods’ Secret Recipe for Carving Up Workers’ Comp
The new story