How To Kill A Zombie Medical Debt For Good
By Paul A. Herman, Esq. and Joel A. Brown, Esq. The Florida Workers’ Compensation Industry is living in its own version of the “Zombie Apocalypse” comparable to the one seen in the movies Zombieland and Zombieland 2. We are referring to “Zombies” in the form of...
Not All Court Reporting Companies Are The Same
By Mike McDonner / President of Milestone Reporting 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...
UPDATE ON IMPORTANT FEDERAL AND STATE CASES INVOLVING MEDICAL DEBT AND 440.13
UPDATE ON IMPORTANT FEDERAL AND STATE CASES INVOLVING MEDICAL DEBT AND 440.13 By Paul A. Herman, Esq., Joel A. Brown, Esq., & Robert A. Friedman, Esq. February 18, 2021 The following is an update of two recent important decisions involving both state and federal...
The Blurred Lines Between Florida’s Work Comp Laws and the FDCPA are Becoming Clearer
By Richard Peck, IV, Esq., Peck Law Firm, PA, FWA Sponsor An opinion issued by the United States District Court for the Southern District of Florida involves facts that are probably similar to situations that the members of Florida Workers’ Advocates (“FWA”) are presented with by their clients frequently, but the court’s rationale represents another […]
The MSA Blind Spot
By John V. Cattie, Jr., Managing Partner at Cattie For years, the workers’ compensation (WC) industry has suffered from Medicare Set-Aside (MSA) blind spots. Current WC industry practices do not align with Centers for Medicare and Medicaid Services (CMS) expectations. Largely driven by the employer side of the table, those MSA protocols have missed the […]
How Florida’s New Opioid Bill is Impacting Injured Workers
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.[1] While there is no single fix to the opioid epidemic, states across the country have employed various approaches and […]
Can an Injured Worker Receive Medical Marijuana Through Workers’ Compensation?
Most of us are probably aware that effective March 18, 2019, Senate Bill 182 went into effect which allows for the possession and use of medical marijuana in the form of smoking for eligible patients. Only a qualified physician can issue a physician certification, which authorizes a patient to receive medical marijuana or delivery devices […]
Special Needs Trust Basics: What Should I Consider?
Krista Johnson, Director of Special Programs, Ametros Navigating through complex settlement options can be difficult. Having a resource, like a professional administrator, can be beneficial in deciphering post-settlement solutions and how best to move forward in protecting your client and their future. Recently, our team has recognized an increasing number of cases including a trust […]
2nd DCA Decision Issued Regarding Injured Worker Billing Disputes
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 […]
8 Questions from Attorneys about Medicare Set Aside Administration
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 […]
Protecting the Settlements of Undocumented Workers & Claimants
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 […]
REGISTRATION OPEN FOR 2019 FWA EDUCATIONAL CONFERENCE
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. […]