Luks Santaniello's Florida Workers Compensation blog

Interesting article on the spread of Coronavirus. https://www.nytimes.com/interactive/2020/03/22/world/coronavirus-spread.html?smid=tw-nytimes&smtyp=cur

According to the NCCI, The answer to that question is maybe. While WC laws provide compensation for “occupational diseases” that arise out of and in the course of employment, many state statutes exclude “ordinary diseases of life” (e.g., the common cold or flu). There are occupational groups that arguably would have a higher probability for exposure such as healthcare workers. However, even in those cases, there may be uncertainty as to whether the disease is compensable. Would time away from work during recovery be considered “temporary disability” or is it just normal “sick time”?    https://www.ncci.com/Articles/Pages/Insights-COVID19-WorkersComp.aspx

CMS ISSUES COVD-19 FAQ RELEASE FOR MEDCAL PROVIDERS https://www.cms.gov/newsroom/press-releases/covid-19-response-news-alert-cms-issues-frequently-asked-questions-assist-medicare-providers 

      Workers’ Comp 101   -- Chapter 2 -- What is an Employee. Today, we will discuss who qualifies as an employee in Florida #Workcomp.   You would think that would be a simple definition. However, as you know, nothing in the laws is simple. The Florida Statute uses 1779 words to define what is and is not an employee. To be honest, in most cases, there is no issue to whether the injured party is an employee. The most common cases in which there is a question of whether an injured party is an employee is in the construction industry and when there is an independent contractor situation. We will discuss contractors and independent contractors at a later date. But first, we need to get our hands around what an employee is and the basic exceptions to being employee. As this is just an introduction into Florida Worker’s Laws, it is highly recommended that additional research be done if you have a case in which the injured party employment status is ...

Medicare is like the mob. They’re protecting their turf.  Some have chosen not to pay heed to their warnings. They have given us warnings. Non compliance is everywhere. Medicare ain’t playing.  It’s mandatory. Know the facts, be proactive-start compliance efforts early. #LSlaw

Coming and going rule Workers’ traveling to and from work are not covered under WC. Coming and going rules ends when the employee enters or leaves the employer’s premises.  Pertinent  Coming and going exceptions: Premises exception -  What are the employer’s premises: Does Home depot  own or control the parking lot?? Special hazards exception – a special hazard on a normal route used by an employee to enter and exit from the place of work can under certain circumstances become a hazard of employment  Case law Doctor's Business Service, Inc. v. Clark, 498 So.2d 659, 11 Fla. L. Weekly 2444 (Fla. App. 1 Dist., 1986)  Barbara S. Clark, who was injured on a public sidewalk while proceeding from the employer-owned parking lot to the entrance of her employer's office building, suffered a compensable accident under the Florida Workers' Compensation Act. We therefore  affirm. In that case, the claimant parked in the  employer-owned ...

A claimant's statements of medical history, A claimant's statements of medical history, prior accidents, or the extent of current injuries are "relevant and material whether made to health care providers, or during testimony given at depositions or the merits hearing." In this case, claimant made represnttions to the doctor and to the E/C, and to the JCC, which were refuted by video surveillance. That another physician testified he did not believe the video depicted inconsistencies does not change the result. A JCC need not explain why he or she accepted testimony of one physician over another as long as it does not appear that he or she ignored or overlooked the contrary testimony.

Workers’ Compensation- what is it? How did we get here? The Florida Workers’ Compensation system……..it is supposed to be a self-executing system. Basically, a person unfortunately gets hurt at work, they get sent to the doctor, the doctor patches them up and they return to work when released by the doctor to return to work. If the injured person loses pay from work, they get paid for a certain percentage of their salary for time missed from work due to the injury. That’s pretty much the way Florida Workers’ Compensation is supposed to work....but as we all know, there is so much more to the story. This will be the first in a multi part series that will go over the basics of the Florida Workers’ compensation system. It is written for any and all that are interested in, work in, or just want to know more about the Florida Workers’ Compensation system. Basically, it is a bird’s eye walk-through the system. It is not meant as a critique of the system nor will it written as an opin...