Authors: Fred Hubbs, Dale Slemons, David Dix, James Smith, Lissa Klein, and N. Daniel Lovein,
OSHA & Whistleblower Complaints: Wells Fargo Ordered to Pay $22 Million
Written by: Daniel Richardson, Esq.
As employers seek to provide a safe workplace, it is imperative that no retaliatory action be taken against employees who choose to exercise their rights under the Occupational Safety and Health (OSH) Act or other statutes designed to protect employees. Doing so can be quite costly. Section 11(c)(1) of the OSH Act provides that no person shall discharge or in any manner discriminate against
North Carolina Court of Appeals Limits Seagraves Test: Implications for Employers
Written by: Laura Gregory, Esq.
Recently, the North Carolina Court of Appeals issued a holding that declined to extend the Seagraves test, which is used by courts to determine whether an employee constructively refused suitable employment when they have been terminated for cause unrelated to their work injury. This holding significantly limits an employer’s ability to respond to employees’ reckless, dangerous, or intentional disregard for safety policies and will
Future Medical Benefits in Tennessee
Written by: Carolina Martin, Esq.
Under Tennessee Workers’ Compensation law, an employee is entitled to lifetime medical treatment made reasonable and necessary by their compensable workplace injuries. This can be a daunting prospect for employers, especially in cases where the injured worker is young and the contemplated period of entitlement to these benefits spans several decades. However, except for cases where the employee was deemed permanently and totally disabled,
Florida’s Medicaid Third-Party Liability Act Upheld as Requiring Reimbursement of Medicaid When Benefits Are Received by an Injured Party in Third-Party Civil Litigation
Written by: Rayford H. Taylor, Esq.
Reference: Gallardo v. Marstiller, Secretary of the Florida Agency for Health Care Administration, Case No. 20-1263, U.S. S.Ct., June 6, 2022.
Ms. Gianinna Gallardo suffered catastrophic injuries resulting in a permanent disability when a truck struck her as she stepped off a school bus in Florida. Florida’s Medicaid agency paid $862,688.77 to cover Ms. Gallardo’s initial medical expenses, and the agency continued to pay
Florida’s One-Time Change In Physician Statute: Recent Developments in the Continuing Judicial Interpretation of the Statute
Written by: William T. Goran
The “One-Time change” statute, Florida statute 440.13 (2)(f), allows an injured worker one opportunity per claim to obtain an alternative physician for the authorized physician. The carrier must follow specific procedures in their response to the request and if they fail to do so, the claimant will have the right to designate the authorized treating physician and thereby take control of the medical care
Georgia’s Max TTD, TPD, and PPD Increases July 1, 2022
Written by: Daniel Richardson, Esq.
Last month Governor Brian Kemp signed into law House Bill 1409 which includes a few simple, but important changes for workers’ compensation in Georgia. The law provides for an increase in the maximum Temporary Total Disability (TTD) and Permanent Partial Disability (PPD) rates from $675.00 per week to $725.00 per week. The maximum TPD rate will increase from $450.00 to $483.00 per week. Also,
OSHA Announces a National Emphasis Program to Protect Workers from Heat Hazards
Written By: Daniel Richardson
On October 27, 2021, OSHA published in the Federal Register an Advance Notice of Proposed Rulemaking (ANPRM) on the issue of Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. According to this Notice, heat is the leading cause of death among all weather-related phenomena. “Excessive heat exacerbates existing health problems like asthma, kidney failure, and heart disease, and can cause heat stroke
Guidance from South Carolina Workers’ Compensation Commission on Completion of Form 19
Written by: Margaret “Meg” H. Donahue, Esq.
On March 23, 2022 The SC Workers' Compensation Commission issued this advisory notice clarifying information to be included on the Form 19 at the close of a claim. The Commission has determined that expenses that are not specifically medical care and treatment are being included on Line 6, Total Medical Benefits Paid. The Commission requests that only costs for actual medical products
Florida Court Allows Bonus Paid After Date of Accident to be Added to Workers’ Compensation Wages Amount
Written by: Rayford H. Taylor, Esq.
The Employee, in the case of Noa v. City of Aventura and Florida League of Cities, appealed an Order of the judge of compensation claims (JCC) denying an increase in her average weekly wage (AWW). The Employee contended she was entitled to include a pro rata share of her annual merit bonus in the calculation of her AWW for the thirteen weeks prior
Recent Appellate Decisions Interpreting Florida’s Workers Compensation Statute
Written by: Rayford Taylor, Esq.
The Hampton case established the mere fact an attorney fee amount has not been established does not prohibit the Statute of Limitations from operating to defeat payment of additional benefits. The Tejeda case reaffirmed that a claimant who voluntarily changed their authorized physician cannot return to the prior physician for treatment and require the employer/carrier to pay for that unauthorized treatment.
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