Centers for Medicare and Medicaid Services Proposes Changes Under Section 111
CMS has clarified its plans to amend Section 111 relating to workers' compensation settlements, announcing its plan to change its TPOC under Section 11 and increase the CMP to be imposed on reporting entities.
Concurrent Jurisdiction in Workers’ Compensation Claims
Workers’ compensation is, at its core, one of the more state-specific areas of the law. Each state legislates its own statutes and regulations and operates its own administrative body, often very differently...
Florida’s One-Time Change Provision & Consequences for Employer/Carrier Failure to Act
Written by: Rayford H. Taylor, Esq. In Florida, a failure by an employer/carrier to promptly grant an employee’s change of physician deprives the employer/carrier of the right to select the doctor, as once again, Florida courts have been c
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 Employ
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
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
Stunt Performer’s $8 Million Judgement Was Reversed Because Employers Had Workers’ Compensation Immunity
Written by: Rayford H. Taylor, Esq. The case of Stalwart Films, LLC v. Bernecker, 855 S.E.2d 120 (2021) involved a wrongful death action brought by a stunt performer’s family against the film production company and television show producer all