The First District Court of Appeals recently was confronted with an ambiguity in the definition of wages.  (See Fast Tract Framing v. Caraballo, 1D07-1773) Florida Statute 440.02(28) does not specify whet... Read More

The First District Court of Appeals recently provided some guidance on what is necessary for an Employer/Carrier to deny a temporary partial disability (TPD) claim based upon voluntary limitation of income.  In Whitaker v. North American Tank Lines, Inc., the Judge of Compensation Claims ruled that despite the fact that the claimant was limite... Read More

In Nunez v. Pulte Homes, Inc, (1D07-4340) the First District Court of Appeal recently reversed a Judge of Compensation Claims (JCC) who found that a Claimant was not entitled to a change of physician.  In Florida, "upon the written request of the employee, the carrier shall give the employee the opportunity for one change of physician during the course of treatment for any one accident.&qu... Read More

One of the many changes to the Florida Workers' Compensation law that occurred in 2003 was the standard for Permanent and Total Disability (PTD).  On February 6, 2008 the First DCA issued an opinion in the case of Wal-mart Stores, Inc. v. Thompson (1D07-2661) that "accentuates the Florida... Read More

     In my practice I will frequently speak with injured workers whose claims have been denied by the insurance company because they allegedly failed to report the injury to the employer.  In Florida, the general rule is that an employee must advise the employer of an injury within 30 days of the date of or initial manifestation of the injury.  There can be exceptions to this rule if the employer actually knew of the injury, if the injury couldn't have... Read More