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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
Case Law Update June 2021
Case Law Updates
Updated 6-18-21 St. Lucie Public Schools/ Relation Insurance Services of Florida v  Alexander, ___ So.3d___ (Fla. 1st DCA 6/16/21)One Time Change/Claimant’s Ability to Choose The 1st DCA affirmed the JCC’s decision to allow the claimant to choose the one-time change doctor, based upon the recent decision of City of Bartow v. Flores, which is pending before the Florida Supreme Court. The underlying 1st DCA opinion in Flores noted that (“[An] E/C forfeits the right of selection if it subsequently fails... View More
Mercedes v. SE Personnel Leasing / Southeast Personnel Leasing, Inc. / Packard Claims Administration
HR Law Cases
JCC Stephenson (West Palm Beach)(Tony Amelio)(6-18-21) – Denied PTD and authorization of T6-L4 fusion surgery.  Following the claimant’s 2008 accident, the E/C immediately and consistently accepted a lumbar strain/sprain only and a temporary exacerbation of a prior herniation / scoliosis / dextroscoliosis. They continued to assert that position even though the pre-existing conditions ultimately resulted in recommendations for a fusion, and asserted the prior conditions were the MCC of any disability or need for treatment.  The claimant was seen by multiple... View More