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...
CMS Provides New Guidance On How They Will Treat ‘Non-Submit’ And ‘Evidence-Based’ MSAs
Medicare Set-Asides are a specialized product where Medicare has set forth a special process. The general idea is that an MSA will pay for medical care related to sued-for injuries so that Medicare doesn’t pay. But what happens when the MSA industry decides it wants...
Controlling Court Reporting Costs
I vividly recall the first deposition I took after getting out of law school. It was for a group of RICO plaintiffs in a lawsuit against a large car manufacturer. I spent days writing out questions, analyzing how the deponents would likely answer, and how I, in...
How To Settle Tough Workers Comp Cases Without Unintended Consequences
A structured settlement can be a great way to ensure an injured worker is able to care for himself and his family for life. But it’s important to make sure all the right parties involved and are working as a team. Otherwise, there could be adversarial relationships...
What’s Happening To Your Former Clients? Medicare Is Still Issuing Denials
By: Ametros When settling cases with a Medicare Set Aside (MSA), often the ongoing compliance responsibility for the injured worker, including annual reporting to the Centers for Medicare and Medicaid Services (CMS), can be an afterthought. There is a common...
Four Scenarios That Highlight Why You Should Use A Structured Settlement
By: Your Florida Settlement Consultants at Ringler: Scott Hoover, Jeff Klugerman, William Mathews, and Jim Volanti. A structured settlement creates a win for all parties to a workers’ compensation settlement; the employer, the payer, the injured worker, and...
Can I Sue My Employer For Getting Hurt On The Job?
By: Matthew Carrillo, Carrillo Injury Law This question has been asked by countless employees that have been injured on the job and believe it was caused by their employer’s negligence. Outside of an employment situation, like a car accident, slip and fall,...
How To Kill A Zombie Medical Debt For Good
By Paul A. Herman, Esq. and Joel A. Brown, Esq. The Florida Workers’ Compensation Industry is living in its own version of the “Zombie Apocalypse” comparable to the one seen in the movies Zombieland and Zombieland 2. We are referring to “Zombies” in the form of...
Not All Court Reporting Companies Are The Same
By Mike McDonner / President of Milestone Reporting I vividly recall the first deposition I took after getting out of law school. It was for a group of RICO plaintiffs in a lawsuit against a large car manufacturer. I spent days writing out questions, analyzing how the...
UPDATE ON IMPORTANT FEDERAL AND STATE CASES INVOLVING MEDICAL DEBT AND 440.13
UPDATE ON IMPORTANT FEDERAL AND STATE CASES INVOLVING MEDICAL DEBT AND 440.13 By Paul A. Herman, Esq., Joel A. Brown, Esq., & Robert A. Friedman, Esq. February 18, 2021 The following is an update of two recent important decisions involving both state and federal...
The Blurred Lines Between Florida’s Work Comp Laws and the FDCPA are Becoming Clearer
By Richard Peck, IV, Esq., Peck Law Firm, PA, FWA Sponsor An opinion issued by the United States District Court for the Southern District of Florida involves facts that are probably similar to situations that the members of Florida Workers’ Advocates (“FWA”) are presented with by their clients frequently, but the court’s rationale represents another […]
The MSA Blind Spot
By John V. Cattie, Jr., Managing Partner at Cattie For years, the workers’ compensation (WC) industry has suffered from Medicare Set-Aside (MSA) blind spots. Current WC industry practices do not align with Centers for Medicare and Medicaid Services (CMS) expectations. Largely driven by the employer side of the table, those MSA protocols have missed the […]