Digital Court Reporters Love Workers’ Compensation Depositions
Before you get your hopes up, I am not trying to say that digital court reporters are actually in love with workers’ compensation attorneys (although some could be). Instead, they are simply a perfect fit for comp litigation. Back in 2005, our court reporting office...
Why Private Insurance isn’t a Replacement for MSAs
Why Private Insurance isn’t a Replacement for MSAs Medicare Set-Asides (MSAs) are not required by law. Rather, MSAs are designed to prevent Medicare from paying for case-related care after a settlement. But wait, doesn’t other insurance prevent Medicare from paying...
First Responders with PTSD Turned Away by The Courts, Find an Unlikely Ally in DFS
By: Ian Kea, IWP Legislative Analyst (Government Affairs Department) The work of a first responder can be strenuous and demanding. Exposure to dangerous situations is familiar to those working in local police, fire departments and paramedic teams. While being injured...
The New Rules of MSAs
Medicare Set-Asides (“MSAs”) don’t exist under the law. CMS insists MSAs are a voluntary process. But – are they truly voluntary? CMS’s recently updated WCMSA User Guide has a new section 4.3 that makes it seem like MSAs are essentially mandatory. The good news is...
FWA Annual Educational Conference Recap
FWA’s 32nd Annual Education Conference which took place on June 2-3, 2022, at the Rosen Shingle Creek Resort in Orlando was a smashing success by all accounts. Not only did the conference set attendance records, but the educational presentations were...
Caselaw Update by Rick Peck, Esq.
Caselaw Update by Rick Peck, Esq., Peck Law Firm, P.A., 12515 Spring Hill Dr., Spring Hill, FL 34609, 813-541-3939, litigation@pecklawfirmfl.com, www.PeckLawFirmFL.com. On behalf of the Peck Law Firm, P.A., I want to congratulate each FWA member on another successful,...
Florida Supreme Court Rules Injured Worker Can Sue Under State Collection Law
On May 26, 2022, the Florida Supreme Court finally issued its long-awaited ruling in the case of Laboratory Corp. of America v Patty Davis (FL SCt No.SC19-1923) affirming the 2nd DCA’s holding that an individual subjected to debt collection activities for an...
Items & Services Not Covered By Medicare
We are frequently asked about of Medicare and the most frequent questions involve services and items not covered by Medicare. A person eligible for Medicare can receive: Part A (Hospital Insurance) which assists with inpatient hospital care, skilled nursing...
Medical Debt Collection And FS 440.13 – It Ain’t Going Away Any Time Soon
By Paul A. Herman, Esq., Joel A. Brown, Esq., & Robert A. Friedman, Esq. April 28, 2022 Once again, Consumer Advocate Law Group and Friedman & Brown are proud sponsors of FWA and want to thank the numerous attorneys across the state that allow us to assist in...
How to Organize Your Florida Law Firm To Grow Your Profits
A common misconception amongst small Florida law firm owners is that growth is measured by the number of people in the business. However, true growth of any business is achieved through an increase in profit. The only way to achieve this objective is to improve your...
The Hidden Benefit Of A Needs-Based Approach
We’ve all been there – the employer or carrier makes a great settlement offer, but the injured worker (the client) is reluctant to accept. Or worse, the client hastily accepts a suboptimal offer from the employer without thoughtful consideration of their future...
First DCA Clarifies “Arising Out of” Issue In Soya Decision
Recently, the First District Court of Appeal issued an opinion in Soya v. Health First, Inc., Case No. 1D21-59 (Fla. 1st DCA Feb. 22, 2022), that added some much needed clarity to the “arising out of” requirement in Florida Workers’ Compensation...