Precisely Calculation the Average Weekly Wage

Precisely Calculation the Average Weekly Wage – June 30, 2023 at noon. For attorneys, adjusters, and paralegals. Wage (indemnity) benefits paid to workers injured on the job and covered by Florida’s workers’ compensation system begin with a proper and accurate “average weekly wage.” But – what exactly are “wages?” And how is an “average” calculated…
$35.00

Shield or Sieve? Employer Tort Immunity and Workers’ Compensation Exclusivity

Since 1935 (Florida’s inception of workers’ compensation), employers have enjoyed a statutory exclusivity of liability (§ 440.11) with their employees – if workers’ compensation benefits are provided, the employer shall not be liable to employees in tort. Throughout the decades, though, one exception after another evolved, eroding what initially appeared to be an impenetrable “shield”…
$35.00

Show Me the Money – Precisely Calculating the Average Weekly Wage

June 26, 2020, at noon. Wage (indemnity) benefits paid to workers injured on the job and covered by Florida’s workers’ compensation system begin with a proper and accurate “average weekly wage.”  But – what exactly are “wages?”  And how is an “average” calculated when employees are compensated in such innumerable ways and have worked for…
$35.00

Testimony by Experts (§ 90.702) – Going Forward in Reverse?

Arguably the most complicated area of evidence involves the testimony of experts under § 90.702, F.S. Before substantively guiding an expert’s testimony, an attorney must first maneuverer procedurally so that the expert’s testimony is even admissible. Florida law has changed much, and changed quickly in this area – from Frye testimony to Daubert – and…
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The Workers’ Compensation “One-Time Change” – Time for a Second Look

Friday, September 27, 2019 at 12:00! Even though Florida’s workers’ compensation claimants have had the statutory right for a “one-time change” in treating physicians since 2001, nearly twenty years of case law show us that we do not know all that we may need to know in this nuanced area of the law. This Lunch…
$35.00

The Workers’ Compensation Statute of Limitations: Examining Swiss Cheese – Part 2

The Workers’ Compensation Statute of Limitations: Examining Swiss Cheese – Part 2 – September 21, 2020, at noon. Like most affirmative defenses, Florida law involving the workers’ compensation Statute of Limitations (§ 440.19) comes with holes. Lots of holes. Like Swiss Cheese. Do you know how the defense should be raised and maintained? Do you…
$35.00

The Workers’ Compensation Statute of Limitations: Examining Swiss Cheese – Part I

The Workers’ Compensation Statute of Limitations: Examining Swiss Cheese – Part I – August 21, 2020, at noon. Like most affirmative defenses, Florida law involving the workers’ compensation Statute of Limitations (§ 440.19) comes with holes. Lots of holes. Like Swiss Cheese. Do you know how the defense should be raised and maintained? Do you…
$35.00

Un-Friendly: Social Media and Judicial Recusal

While judges are people, too, because they are judges there are naturally limits placed on them so that litigants and attorneys can be assured that their cases will be heard by a neutral arbiter. Limits on judicial involvement in social media is a growing area of concern. What a judge says in Facebook posts or…
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Understanding “Light Duty” – Employee and Employer Rights

“Light duty” – the term conjures up more questions than answers for human resource managers, employees, adjusters, and attorneys. For example: Urban myth or truth - an employee on workers’ compensation can’t be fired? Be confused no more! This latest webinar from Lunch and Learn With Tim provides the legal framework for the when and…
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Vendors Billing Workers’ Compensation Claimants: Now – A Solution!

Vendors Billing Workers’ Compensation Claimants: Now – A Solution! – Friday, November 18, 2022 at noon. So frequently, health care providers send their billing directly to a workers’ compensation claimant, seeking or demanding payment, sometimes to the point of collection action. However, the Florida Workers’ Compensation Law (WCL) mandates that claimants shall not be liable…
$35.00

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