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Case Law Update October 2021
Case Law Updates
Updated 10-8-21 Cabrera v. Kablelink Communications LLC/Sedgwick, ___ So.3d___ (Fla. 1st DCA 10/6/21)Independent Contractor/Construction Industry The DCA affirmed the JCC’s finding that a residential cable installer was not an employee, but an “independent contractor” and not entitled to benefits.  After a serious fall, the claimant sought WC benefits from Kablelink, who denied on the basis of their prior agreement stating he was an independent contractor. The claimant alleged even with that agreement, he was entitled to benefits as an independent... View More
Case Law Update September 2021
Case Law Updates
Updated 9-30-21 Harman v. Merchant Transport/CCMSI,  (Fla. 1st DCA 9/15/21)One-Time Change/Reasonable Distance/Right to Choose The DCA affirmed the JCC’s decision to provide an alternate physician to claimant and to preserve the E/C’s right of selection under Fla. Stat. 440.13(2)(f). The claimant requested a one-time change in allergists from Dr. Koutsonikolis to Dr. Tuer. The E/C attempted to schedule an appointment with Dr. Tuer before learning the office no longer accepted “worker’s compensation” and subsequently scheduled an appointment with Dr. Mark,... View More
Put it in Practice: Monthly Tips for Florida WC Professionals
Case Law Updates
(9-15-21) Florida’s 2019 Valcourt-Williams decision established a clear test for determining whether an injury arises from the claimant’s employment. Since then, claimants have prevailed in 65 percent of cases citing this blockbuster en banc decision. HOW DOES VALCOURT-WILLIAMS IMPACT YOUR FILES? A Valcourt-Williams denial is most likely to prevail where there is clearly a personal, non-work-related cause for an injury that occurs at work.  There is substantial support for a Valcourt-Williams denial when the claimant is injured while merely walking... View More
Case Law Update August 2021
Case Law Updates
Updated 8-27-21 Estate of McKenzie v. Hi Rise Crane/Bridgefield Employers Ins. Co.,So.3d__(Fla. 1st DCA 8/19/21) Dismissal of Claims/Relation Back The DCA reversed and remanded the JCC’s dismissal of a PFB filed by the deceased claimant’s sister. The claimant’s accident occurred on 1/26/18 and he passed away in August of that year. The claimant’s attorney filed two PFBs for that date of accident and dismissed the PFBs shortly before his death. On 1/24/20, the same attorney filed a PFB on behalf... View More
New Law Governing Physician Assistants
Case Law Updates Firm News
The legislature has passed a new law governing Physician Assistants.  Effective July 1, 2021, the change that most impacts handling of WC claims is that the law prohibits PA’s from assigning MMI or a PIR in a WC case. Section 458.347, Fla. Stat.Summary of Changes(effective July 1, 2021) ·         Increases the maximum number of P.A.’s per physician from 4 to 10.·         P.A.’s permitted to prescribe medical devices and medications·         Prescriptions written by P.A.’s must have the name of both the... View More
Case Law Update July 2021
Case Law Updates
Updated 7-30-21 Jones v. State of FL/DOC Columbia Correctional Institute/Div. of Risk Management, ___So.3d ___(Fla. 1st DCA 7/28/21)Psychiatric Claims/Limit on Benefits post Physical MMI The claimant was attacked and placed in a chokehold by an inmate on 1/7/19. She attained physical MMI with a 0% PIR two weeks later.  She later obtained authorized psychiatric care, was diagnosed with acute stress and PTSD and taken out of work until 11/11/19. The E/C paid six months of TTD as of her physical... View More