The New Rules of MSAs
Medicare Set-Asides (“MSAs”) don’t exist under the law. CMS insists MSAs are a voluntary process. But – are they truly voluntary? CMS’s recently updated WCMSA User Guide has a new section 4.3 that makes it seem like MSAs are essentially mandatory. The good news is...
FWA Annual Educational Conference Recap
FWA’s 32nd Annual Education Conference which took place on June 2-3, 2022, at the Rosen Shingle Creek Resort in Orlando was a smashing success by all accounts. Not only did the conference set attendance records, but the educational presentations were...
Caselaw Update by Rick Peck, Esq.
Caselaw Update by Rick Peck, Esq., Peck Law Firm, P.A., 12515 Spring Hill Dr., Spring Hill, FL 34609, 813-541-3939, litigation@pecklawfirmfl.com, www.PeckLawFirmFL.com. On behalf of the Peck Law Firm, P.A., I want to congratulate each FWA member on another successful,...
Florida Supreme Court Rules Injured Worker Can Sue Under State Collection Law
On May 26, 2022, the Florida Supreme Court finally issued its long-awaited ruling in the case of Laboratory Corp. of America v Patty Davis (FL SCt No.SC19-1923) affirming the 2nd DCA’s holding that an individual subjected to debt collection activities for an...
Items & Services Not Covered By Medicare
We are frequently asked about of Medicare and the most frequent questions involve services and items not covered by Medicare. A person eligible for Medicare can receive: Part A (Hospital Insurance) which assists with inpatient hospital care, skilled nursing...
Medical Debt Collection And FS 440.13 – It Ain’t Going Away Any Time Soon
By Paul A. Herman, Esq., Joel A. Brown, Esq., & Robert A. Friedman, Esq. April 28, 2022 Once again, Consumer Advocate Law Group and Friedman & Brown are proud sponsors of FWA and want to thank the numerous attorneys across the state that allow us to assist in...
How to Organize Your Florida Law Firm To Grow Your Profits
A common misconception amongst small Florida law firm owners is that growth is measured by the number of people in the business. However, true growth of any business is achieved through an increase in profit. The only way to achieve this objective is to improve your...
The Hidden Benefit Of A Needs-Based Approach
We’ve all been there – the employer or carrier makes a great settlement offer, but the injured worker (the client) is reluctant to accept. Or worse, the client hastily accepts a suboptimal offer from the employer without thoughtful consideration of their future...
First DCA Clarifies “Arising Out of” Issue In Soya Decision
Recently, the First District Court of Appeal issued an opinion in Soya v. Health First, Inc., Case No. 1D21-59 (Fla. 1st DCA Feb. 22, 2022), that added some much needed clarity to the “arising out of” requirement in Florida Workers’ Compensation...
CMS Provides New Guidance On How They Will Treat ‘Non-Submit’ And ‘Evidence-Based’ MSAs
Medicare Set-Asides are a specialized product where Medicare has set forth a special process. The general idea is that an MSA will pay for medical care related to sued-for injuries so that Medicare doesn’t pay. But what happens when the MSA industry decides it wants...
Controlling Court Reporting Costs
I vividly recall the first deposition I took after getting out of law school. It was for a group of RICO plaintiffs in a lawsuit against a large car manufacturer. I spent days writing out questions, analyzing how the deponents would likely answer, and how I, in...
How To Settle Tough Workers Comp Cases Without Unintended Consequences
A structured settlement can be a great way to ensure an injured worker is able to care for himself and his family for life. But it’s important to make sure all the right parties involved and are working as a team. Otherwise, there could be adversarial relationships...