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
Does a Clerical Error Invalidate the Posted Panel?
Written by: Peter Skaily, Esq. One of the most important aspects of any workers’ compensation claim is control of medical treatment. The employer/insurer will want the claimant to treat with a provider from the panel of physicians. On the
MSA Responsibilities and the MSPA, 2021
Written by: Meredith Knight, Esq. Famously, the Medicare Secondary Payer Act has not changed significantly in decades. It is clearly understood that the MSPA prohibits Medicare from making payments that are the responsibility of a primary paye
Change-in-Condition SOL and the Mailbox Rule in Georgia
Written by: Daniel Richardson, Esq. When a claimant files a hearing request, the first thing to check is whether there is an applicable statute of limitations defense. The Georgia Court of Appeals recently addressed a statute of limitations defe
Florida’s First District Court Of Appeal Again Rules The Six-Month Limitation On Temporary Indemnity Benefits For Mental Injury Does Not Apply If The Injured Worker Did Not Receive Permanent Impairment Benefits For Their Physical Injury
Written by: Rayford H. Taylor, Esq. The Court of Appeal was asked to again interpret Section 440.093(3) Fla. Stat. concerning entitlement to temporary indemnity benefits based upon a mental injury arising out of a workers’ compensation acci
South Carolina WCC Electronic Forms Submissions
Written by: Margaret H. Donahue, Esq. On July 27, 2021, the South Carolina Workers’ Compensation Commission issued the attached advisory notice detailing new procedures for email submission of Forms 15,17,19, and 20 by Carriers. As with
Florida Employers Cannot Be Required to Pay For an Evaluation by a Health Care Provider That Has, As Its Sole Purpose, a Recommendation for Marijuana Treatment
Written by: Rayford H. Taylor, Esq. The First District Court of Appeal in the case of Patrick Sean Jones v. Grace Health Care, ______ So.2d ______, (1D19-1684, June 30, 2021) was presented with the question of whether an employer/carrier should
Florida Court Rules Receipt of Unemployment Compensation Benefits are Primary and Employer/Carriers Are Not Required to Affirmatively Assert an Offset Defense Prior to Payment of Any Temporary Partial Disability Benefits
Written by: Rayford H. Taylor, Esq. The First District Court of Appeal in the recent case of N. Hannoush Jewelers, Inc. v. Bly, 1D20-2432, (Fla. 1st DCA June 30, 2021) addressed the effect of an employee’s receipt of unemployment compensat
The Florida First District Court of Appeal Has Again Interpreted Section 440.13(2)(F) Fla. Stat., The “One Time Change” Statute, To Permit an Injured Worker to Select Their Own Physician When an Alternate Physician Was Not Timely Provided
Written by: Rayford H. Taylor, Esq. An employer/carrier must aggressively pursue obtaining an appointment with the newly authorized physician or risk having the injured worker select the alternate physician. While we do not know what period of
Florida Employers and Carriers May Be Subject To Monetary Damage Awards to Claimants in Rule NISI Proceedings Following Recent Appellate Court Decision
Written by: Rayford H. Taylor, Esq. Circuit court judges in Florida have the authority to require provision of benefits ordered by a jcc but which are found to be willfully withheld. Trial courts can use a Rule Nisi proceeding to not only orde