Put it in Practice April 2022: Monthly Tips for Florida WC Professionals
DEFENDING THE PROFESSIONAL EMPLOYMENT ORGANIZATION / PEO
Adjusting PEO claims is different from adjusting traditional Workers’ Compensation claims in several ways, but the most important distinction is the Client Servicing Agreement, or CSA.
The PEO’s insurance policy covers employees who have been properly signed up and documented in the CSA. An employee who does not meet the CSA requirements must seek benefits from the client company itself, not the PEO.
WHAT TO DO IF A PEO IS IMPROPERLY NAMED IN A PETITION WHERE THE EMPLOYEE IS NOT COVERED?
File a Motion for Summary Final Order
- Explains why the claimant is not covered by the CSA & why the PEO should be dismissed from the claim;
- Allows the Court to review affidavits and other evidence;
- Properly crafted affidavits and a well written Motion for Summary Final Order usually result in a very quick dismissal.
WHAT IF THE CLAIMANT’S ATTORNEY IGNORES THE MOTION?
File a Motion for Sanctions
- Very aggressive approach, but may be required;
- Quick and cost-efficient resolution of an improperly filed claim;
- Crum Services v. Lopez (Fla. 1st DCA) clearly delineates the PEO is not responsible for industrial accident injuries of an employee hired by the client company but not properly onboarded per the Client Servicing Agreement.
This month’s author is Paul Luger. pluger@hrlawflorida.com