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Updated 9-30-21 Harman v. Merchant Transport/CCMSI,  (Fla. 1st DCA 9/15/21)One-Time Change/Reasonable Distance/Right to Choose The DCA affirmed the JCC’s decision to provide an alternate physician to claimant and to preserve the E/C’s right of selection under Fla. Stat. 440.13(2)(f). The claimant requested a one-time change in allergists from Dr. Koutsonikolis to Dr. Tuer. The E/C attempted to schedule an appointment with Dr. Tuer before learning the office no longer accepted “worker’s compensation” and subsequently scheduled an appointment with Dr. Mark,... View More

(9-15-21) Florida’s 2019 Valcourt-Williams decision established a clear test for determining whether an injury arises from the claimant’s employment. Since then, claimants have prevailed in 65 percent of cases citing this blockbuster en banc decision. HOW DOES VALCOURT-WILLIAMS IMPACT YOUR FILES? A Valcourt-Williams denial is most likely to prevail where there is clearly a personal, non-work-related cause for an injury that occurs at work.  There is substantial support for a Valcourt-Williams denial when the claimant is injured while merely walking... View More

Updated 8-27-21 Estate of McKenzie v. Hi Rise Crane/Bridgefield Employers Ins. Co.,So.3d__(Fla. 1st DCA 8/19/21) Dismissal of Claims/Relation Back The DCA reversed and remanded the JCC’s dismissal of a PFB filed by the deceased claimant’s sister. The claimant’s accident occurred on 1/26/18 and he passed away in August of that year. The claimant’s attorney filed two PFBs for that date of accident and dismissed the PFBs shortly before his death. On 1/24/20, the same attorney filed a PFB on behalf... View More

The legislature has passed a new law governing Physician Assistants.  Effective July 1, 2021, the change that most impacts handling of WC claims is that the law prohibits PA’s from assigning MMI or a PIR in a WC case. Section 458.347, Fla. Stat.Summary of Changes(effective July 1, 2021) ·         Increases the maximum number of P.A.’s per physician from 4 to 10.·         P.A.’s permitted to prescribe medical devices and medications·         Prescriptions written by P.A.’s must have the name of both the... View More

Updated 7-30-21 Jones v. State of FL/DOC Columbia Correctional Institute/Div. of Risk Management, ___So.3d ___(Fla. 1st DCA 7/28/21)Psychiatric Claims/Limit on Benefits post Physical MMI The claimant was attacked and placed in a chokehold by an inmate on 1/7/19. She attained physical MMI with a 0% PIR two weeks later.  She later obtained authorized psychiatric care, was diagnosed with acute stress and PTSD and taken out of work until 11/11/19. The E/C paid six months of TTD as of her physical... View More

Updated 6-18-21 St. Lucie Public Schools/ Relation Insurance Services of Florida v  Alexander, ___ So.3d___ (Fla. 1st DCA 6/16/21)One Time Change/Claimant’s Ability to Choose The 1st DCA affirmed the JCC’s decision to allow the claimant to choose the one-time change doctor, based upon the recent decision of City of Bartow v. Flores, which is pending before the Florida Supreme Court. The underlying 1st DCA opinion in Flores noted that (“[An] E/C forfeits the right of selection if it subsequently fails... View More