Fraud in Workers’ Compensation cases can come in many forms: A misrepresentation about how the injury occurred (on vs off the job), or a person working “off the books” and failing to report earnings while receiving temporary partial disability benefits. However, in my...
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Volunteers and Florida Workers’ Compensation Coverage
There are many volunteer opportunities that are very physical in nature. From building houses to delivering meals, people often give their time and physical efforts towards noble causes. As with any activity, volunteering can subject a person to injury. Florida...
Fall from an Unknown Cause; Compensable or Not?
Imagine two identical situations where two workers are each walking, fall, and sustain an injury. Let’s call these two individuals worker A and worker B. Each worker suffered the fall from an unknown cause. A fall from an unknown cause is generally one where the...
How a Bonus Impacts your Average Weekly Wage
We have previously discussed the importance of accurately calculating the average weekly wage in a Florida workers’ compensation case. As the average weekly wage determines the compensation rate paid for lost wages and impairment income benefits, making sure...
Workers’ Compensation Settlements and Child Support
When an agreement is reached between an injured worker and the employer/carrier to settle a Florida workers’ compensation claim, formal documents will have to be submitted to the judge setting forth the amount of the settlement, the attorney’s fees, and any child...
TPD and Misconduct in Florida Workers’ Compensation Cases
Temporary Partial Disability and Termination for Misconduct in Florida Workers’ Compensation Cases Generally, when an injured worker is under restrictions from an authorized doctor and the injury-related restrictions result in earning less than 80% of his/her average...
Lunch Time Accidents | Florida Workers’ Compensation
Lunch Time Accidents | Florida Workers’ Compensation As a general rule, for an on the job injury to be covered under the Florida workers’ compensation act, it must (1) occur in the course and scope of employment and (2) “arise out of” the employment. One interesting...
Concurrent Employment: The Injured Worker With Two Jobs
Concurrent employment is something that comes up quite frequently in Florida workers’ compensation cases. As people have to work two jobs in order to make ends meet, this creates an unfortunate situation when an injury on one job prevents the injured worker from...
Late Work Comp Checks and Penalties / Interest
This is a recurring issue in a large number of cases: late work comp checks. The first thing to understand is at what point is it “late”? Also, is it late because of delivery or mail issues? The general rule is the insurance company should have compensation checks...
The Claimant’s Burden of Proof; The Causal Connection
A case was decided by the First DCA yesterday that highlights a fundamental concept in Florida workers’ compensation claims: a claimant bears the burden of proof to establish entitlement to benefits and a claimant has the burden to present expert medical evidence...