Date range

Workers’ Compensation Appeal Board did not err in granting employer’s petition for a de novo hearing to present after-discovered evidence of a medical provider’s prohibited self-referral to a pharmacy that a workers’ compensation judge would not allow.

The claimant settled a 2010 work injury by Compromise and Release Agreement (C&R) in 2017. The C&R stated the employer reserved the right to either continue paying medical benefits or to fund a Medicare Set-Aside (MSA). What’s Hot in Workers’ Comp, Vol. 28, No.

Although claimant cannot be working with a concurrent employer on date of work injury with another employer, the relationship with the concurrent employer was sufficiently intact that concurrent wages must be included in calculating average weekly wage.

The claimant sustained an injury on December 29, 2018, while working as a home health aide. The claim was accepted by the employer, and the claimant began receiving benefits at the rate of $468 per week, based on an average weekly wage of $520. What’s Hot in Workers’ Comp, Vol. 28, No.

Sixth District Court of Appeals Says Fourth District Got It Wrong: Florida’s Pre-Suit Notice Requirement Does Not Apply Retroactively

In November 2023, the Sixth District Court of Appeal of Florida, in direct conflict with the Fourth District Court of Appeal of Florida, found that the pre-suit notice as mandated by Florida Statute 627.70152 does not apply retroa Legal Update for Insurance Services, January 8, 2024, has been prepared for our readers by Marshall Dennehey.