Archive by Month: February 2013

WC E-Alert 2/28/2013

Posted in Newsletters - 2013 on February 28, 2013

Alert: In an opinion issued today the First District Court of Appeal ruled that the 104 week limit on temporary total disability benefits under section 440.15(2)(a) is unconstitutional. The injured worker, a firefighter and paramedic, reached the 104 week limitation of temporary indemnity benefits while his authorized treating physicians had him off work. The court discussed the benefits available to injured workers at the time of the adoption of the 1968 Florida constitution, which were: full medical benefits, a right to veto the carrier's selection in physician, and 350 weeks of temporary total disability benefits. In 1991 the legislature reduced the temporary total disability benefits allowed from 350 to 260 weeks, and then in 1994 the benefits were further reduced to 104 weeks. The court stated that:

 

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WC E-Alert 2/18/2013

Posted in Newsletters - 2013 on February 18, 2013

Alert: Section 440.13(2)(f), Florida Statutes, sets a five day time period within which a “carrier shall authorize an alternative physician who shall not be professionally affiliated with the previous physician” in response to a claimant’s written request for a change in physician. The First DCA has just ruled that the five day time period is limited to five consecutive days, not five business days.

E-Alert_02-18-13.pdf

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