Louis P. Pfeffer Workers Compensation Law Blog on Lawyers.com

More Florida Workers' Compensation Claims are Denied after Changes to Law

Wednesday, September 30, 2009 by Louis P. Pfeffer

A 2003 change in Florida workers’ compensation law, especially affecting workers comp in West Palm Beach, required workplace injury claims to be much more specific and to meet required criteria for approval. Since that time debate continued about whether Senate Bill 50-A (2003), also known as the 2003 workers’ compensation reform, has resulted in reasonable cost-management or valid workplace injury claims being denied.

A recent report from the Florida Division of Workers’ Compensation (http://www.fldfs.com/WC/) studied changes in workers comp claims and “compensability” before and after this new legislation went into effect. “Whether these differences result from the changes to compensability in the 2003 reforms remains
an open question,” the report stated. “Based on available data, alternative explanations cannot be eliminated.”

“Compensability” refers to the eligibility of an injured worker for benefits under workers’ compensation.

The study concluded that, after the legislation went into effect, more claims were denied, litigation over those denied claims has declined, and fewer workers received worker compensation benefits following denial of the claims’ compensability.

According to the report:
�   Denial of compensability is more frequent in the post-reform period.

�   Litigation over denied compensability has diminished in the post-reform period.

�   In the post-reform period, fewer workers received benefits following a denial of compensability.

The results are reported in a May 1 Research Brief available in PDF format from the agency’s Web site (http://www.fldfs.com/WC/pdf/SB-50A-Compensability.pdf).

For more information on West Palm Beach worker compensation lawyers and claims, contact the law office of Louis P. Pfeffer, P.A., 250 South Central Blvd, Ste 205 Jupiter, FL 33458.

Posted at 09:20 AM

Topic: Workers Compensation