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November 10, 2023 The average duration of temporary disability benefits in workers compensation lost-time claims increases with the age of the injured worker, but after age 40 the increase becomes less significant, the National Council on Compensation Insurance says in a report published Thursday. The report, Workers Compensation Temporary Disability Benefit Duration – A First Look, which is the first installment in a new series, also shows that shoulder injury claims in comp have the longest average duration of temporary disability benefits, with an average of 123 days. The construction and utilities sector has the longest average and median duration of temporary disability benefits out of all economic sectors at 116 days and 74 days respectively, the report states. Read More

November 9, 2023 Chief United States District Court Judge Timothy J. Corrigan has sentenced Omar Wilkin Santos-Calix and Oscar Rene Santos-Santos, both Honduran nationals and both illegally present in United States, to 24 months in federal prison for conspiracy to commit wire fraud and conspiracy to commit tax fraud. The court also ordered Santos-Calix to pay restitution to the IRS in the amount of $3,245,161 and entered a money judgment against Santos-Calix in the amount of $897,870, representing the proceeds of the wire fraud. The court ordered Santos-Santos to pay restitution to the IRS in the amount of $1,773,429 and entered a money judgement against Santos-Santos in the amount of $490,634, representing the proceeds of the wire fraud. According to court documents, Santos-Calix and Santos-Santos established a shell company that purported to be involved in the construction industry. They obtained a workers’ compensation insurance policy in the name of the shell company to cover a minimal payroll for a few purported employees, then “rented” the workers’ compensation insurance to work crews who had obtained subcontracts with construction contractors on projects in various Florida counties as well as contractors in other states. Santos-Calix and Santos-Santos sent the contractors a certificate as “proof” that the work crews had workers’ compensation insurance, as required by Florida law. By sending the certificate, the defendants falsely represented that the work crews worked for the two companies. Over the course of the scheme, the defendants “rented” the certificates to dozens of work crews, defrauding the worker’s compensation insurance carrier. Read more

November 3, 2023 Jacksonville, Florida – Chief United States District Court Judge Timothy J. Corrigan has sentenced Omar Wilkin Santos-Calix and Oscar Rene Santos-Santos, both Honduran nationals and both illegally present in United States, to 24 months in federal prison for conspiracy to commit wire fraud and conspiracy to commit tax fraud. The court also ordered Santos-Calix to pay restitution to the IRS in the amount of $3,245,161 and entered a money judgment against Santos-Calix in the amount of $897,870, representing the proceeds of the wire fraud. The court ordered Santos-Santos to pay restitution to the IRS in the amount of $1,773,429 and entered a money judgement against Santos-Santos in the amount of $490,634, representing the proceeds of the wire fraud. Read more

October 27, 2023 Kissimmee Meat & Produce Inc. permitted workers to use damaged ladder to get supplies KISSIMMEE, FL – Federal workplace safety investigators have determined that the operator of a Kissimmee grocery store could have prevented a 65-year-old clerk’s fatal fall from a defective ladder by following required safety procedures. A U.S. Department of Labor Occupational Safety and Health Administration investigation into the May 2023 incident at Kissimmee Meat & Produce Inc. found that the employee fell about 9 feet when a ladder rolled as they retrieved merchandise from the second tier of a storage rack in the store’s warehouse. OSHA determined the companyviolated safety standards by doing the following: · Allowing workers to use modified ladders, exposing them to fall hazards. · Permitting employees to use ladders in disrepair and without conducting an inspection to identify damage and modifications that could cause employee injuries. · Exposing workers to a 9-foot fall hazard by allowing workers to use rolling ladders without locking systems in place and training on how to use the ladder safely. · Subjecting workers to 7-foot fall hazards when they tried to retrieve merchandise without fall protection. · Failing to keep emergency exits clear of obstructions, such as carts, ladders, equipment and pallets. · Storing pallets of material in front of main breaker panels. · Exposing workers to fire hazards, by leaving fire extinguishers unmarked. · Failing to stack boxes of merchandise safely, exposing workers to struck-by hazards. · Failing to provide powered industrial vehicle training and certification for employees operating forklifts. OSHA cited the employer for 11 serious violations and proposed $95,315 in penalties. Read more

October 24, 2023 For the 13th consecutive year, lack of fall protection topped the U.S. Occupational Safety and Health Administration’s preliminary top 10 most frequently cited workplace safety violations for fiscal year 2023. OSHA tallied 7,271 violations of its general fall protection requirements, according to the list released Tuesday at the National Safety Council’s Safety Congress & Expo. Ranked in order, the other top violations for the fiscal year that ended Sept. 30 include… Read more

October 16, 2023 Efforts are underway in Florida to increase the maximum allowed for medical payments in workers compensation. H.B. 161, introduced Friday, would raise the maximum reimbursement for a treating physician to 200% of the reimbursement allowed by Medicare, up from 110% currently allowed. For surgeries, the bill also proposes to increase the state’s comp fees to 200% of Medicare, up from 140%. Read more

October 10, 2023 Two contractors face $174,000 in penalties for safety violations. According to a release dated Oct. 6, OSHA’s investigation revealed that both A1A Roofing Contractor LLC and Paul Bange Roofing Inc. overlooked critical fall protection standards. The agency observed the violations during a visit to a worksite in Davie, FL in April 2023. Inspectors discovered workers from Loxahatchee-based subcontractor A1A Roofing were performing tasks on pitched roofs up to 32 feet high without proper fall protection measures in place. Another worker used a broken harness, and the company failed to provide fall protection training to the employees. A1A Roofing faced similar OSHA citations in September 2022. Meanwhile, Davie-based Paul Bange Roofing Inc.—the primary contractor—neglected to conduct regular inspections, as required by law to prevent potential fall hazards. Overall, A1A Roofing faces two willful violations, one repeat violation, three serious violation and $163,044 in proposed penalties. Paul Bange Roofing received one serious citation and $10,938 in fines. Read more