Articles

Florida Maximum Compensation Rate 2013

The Florida Department of Economic Opportunity has determined the statewide average weekly wage paid by employers subject to the Florida Reemployment Assistance Program Law to be $815.75 for the four calendar quarters ending June 30, 2012. Section 440.12(2), Florida Statutes, expressly provides that, for injuries occurring on or after August 1, 1979, the weekly compensation … Continued

Florida Workers Compensation Law Unconstitutional

In the landmark Decision Westphal v. City of St. Petersburg, slip opinion # 1D12-3563,  http://opinions.1dca.org/written/opinions2013/02-28-2013/12-3563.pdf issued by the First District Court of Appeal on February 28, 2013, the court  held  that section 440.15(2)(a), Florida Statutes (2009), is unconstitutional under article I, section 21,of the Florida Constitution, as applied to Westphal and others similarly situated, by … Continued

Mortgage Foreclosure and Florida Workers Compensation Claims.

Florida workers compensation claimants with serious injuries often fall behind on their mortgage payments and face mortgage foreclosure proceedings. The length of time involved in resolving a serious workers compensation claim varies depending on the extent of injuries, the recovery and the litigation process. The typical litigated claim will take at least seven months and … Continued

Changes to Florida Unemployment Compensation benefits will Increase Litigation

Traditionally, Florida unemployment compensation benefits were not difficult to obtain. When an employee was laid off or even terminated for cause there was a presumption that the employee was still entitled to unemployment compensation benefits. Stated differently, the employer had to prove to the satisfaction of the unemployment appeals referee that the employee was terminated … Continued

Apportionment of Florida Workers Compensation Not Allowed in Many Cases

In many Florida workers compensation cases an employee is injured at work and the injuries involve parts of the body which have suffered prior conditions,  injuries, disease or anomalies. Florida Statute 440.15(5)(a) and (b) provide: SUBSEQUENT INJURY.— (a) The fact that an employee has suffered previous disability, impairment, anomaly, or disease, or received compensation therefor, … Continued

Workers Compensation Insurance Companies Cannot Deny Benefits to Injured Workers for Employer Fraud in Florida.

A recurring problem in Florida workers compensation cases is that some employers will misstate payroll, the number of employees or the type of work their employees are performing to lower their workers compensation premiums.  Some employers will pay their employees claiming they are subcontractors or independent contractors. Employer’s will sometimes issue IRS 1099 forms to … Continued

Can I Collect Unemployment and Worker Compensation Benefits in Florida

In Florida, an injured worker who is laid off, terminated or fired from their job can collect unemployment benefits and still receive Temporary Partial Disability (TPD) benefits from the workers compensation insurance company.  The workers compensation law does not allow payment of Temporary Total Disability (TTD) payments, or Permanent Total Disability (PTD) benefits in any … Continued