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August 18, 2023 Workplace shootings, more common than ever now, may happen in the course and scope of employment. But do they have to be work-related to make the victims eligible for workers’ compensation benefits? That’s the question that a Florida appeals court wants the state Supreme Court to answer in a closely watched case that, potentially, could overturn years of precedent. In Normandy Insurance Co. vs. Mohammed Bouayad and Value Car Rental, a panel of Florida’s 1st District Court of Appeals on Wednesday set aside an administrative law judge’s award of benefits to the claimant. But the panel also took the unusual step of asking the high court to answer a question of great public importance: “When an act of a third-party tortfeasor is the sole cause of an injury to an employee who is in the course and scope of employment, can the tortfeasor’s act satisfy the occupational causation element … necessary for compensability?” Read More

August 16, 2023 The controversial trend of tacking on automatic tips, or “service charges,” to customer bills will likely have a trickle-down effect on workers compensation premiums, which are likely to increase for some employers, according to experts. Automatic gratuities have grown in recent years. For example, a new spreadsheet on the Reddit social media platform tracks restaurants in Los Angeles that are adding extra fees onto bills under such explanations as “wellness fees,” “kitchen love” and “administration.” The practice is legal and can help employers cover increasing wage and benefits costs, yet there’s an often-overlooked ramification for employers: higher workers compensation premiums. Read More

August 14, 2023 Overexertion topped the list of the costliest workplace injuries, according to a report released Thursday by Liberty Mutual Insurance Co. The insurer’s Workplace Safety Index ranks the top injuries by cost, with overexertion accounting for 12.8 billion annually —the largest chunk of the overall $48.2 spent on the top 10 injuries in workers compensation. Read More

August 13, 2023 U.S. District Judge Mary S. Scriven has sentenced Raju Gandhi, of Lakeland, to 18 months in federal prison for conspiracy to defraud the U.S. Department of the Treasury, to commit wire fraud, and to submit false statements and reports to the U.S. Department of the Treasury. The court also entered an order of forfeiture for more than $3.6 million, the estimated proceeds of this multi-pronged fraud conspiracy. According to court documents, Gandhi owned and operated a money service and check cashing business in Polk County. Gandhi cashed large numbers of checks made payable to a number of shell construction companies which purported to supply construction services and labor for construction contractors and subcontractors. In order to comply with Florida law, these shell construction companies were required to secure and maintain adequate worker’s compensation insurance coverage. Read More

14 offenders have been arrested in connection with a workers’ compensation fraud/unlicensed contractor sting. The Manatee County Sheriff’s Office, The Division of Investigative and Forensic Services with the Florida Department of Financial Services, and The Department of Business and Professional Regulation conducted a joint Workers’ Compensation Fraud/Unlicensed Contractor operation on August 8-10. The purpose of the operation was to address unlicensed contractors working without the required contractor license and engaging in construction class work without the required workers’ compensation insurance exemptions. Click here to read more:

August 9, 2023 Worker safety advocates and attorneys representing employers have mixed reactions to recently announced federal heat safety measures for workers. Some say employers are already handling the issue; others say more needs to be done. President Joe Biden said July 27 that his administration is implementing measures designed to protect the U.S. workforce from extreme heat. The announcement came amid record-breaking temperatures in some parts of the country. Read More

August 3, 2023 By underreporting payroll, the construction business shortchanged its workers’ comp carrier by more than $790K in premium payments. The owner of a Miami-area construction company was arrested for workers’ compensation premium fraud, application fraud and “organized scheme to defraud” for allegedly underreporting payroll to avoid having to pay a higher premium, according to the Florida Department of Financial Services. In 2018, Hector Gutierrez-Morales, owner of HG & AKE Construction Corp., took out a workers’ comp policy with Traveler Property Casualty of America based on an estimated payroll of $161,000. Based on that information, a policy was issued with an estimated annual premium of around $28,000, according to the financial services department. “When bad actors scheme to avoid required workers’ compensation coverage, they put their employees and customers in danger,” Florida Chief Financial Officer Jimmy Patronis said in a release. “Fraud like this also drives-up insurance rates for honest contractors in our state that choose to play by the rules.”

Executive Summary - For years, a number of Florida’s elected officials have had their sights set on eliminating the statutory requirement that Florida residents obtain a concealed weapons license (“CWL”) to lawfully carry a concealed weapon. Proponents of the change finally hit their target when, on April 3, 2023, Florida Governor Ron DeSantis signed House Bill (HB) 543 making Florida the 26th state to enact “Constitutional Carry” legislation. Upon taking effect on July 1, 2023, HB 543 authorizes an individual to carry a concealed weapon, including a firearm, if he or she possesses a CWL or without a CWL if the individual meets certain specified requirements. The enactment of this new legislation has, understandably, triggered uncertainty among employers regarding the potential impact of HB 543 on the ability to restrict firearms at their workplace. This article will discuss the current state of the law following the enactment of HB 543 and identify what employers can and cannot do with respect to employees possessing firearms at the workplace. Click here to read more:

July 27, 2023 A south Florida contractor faces significant jail time after he was arrested for vastly underreporting his payroll to his workers’ compensation insurer. Hector Gutierrez-Morales, owner of HG & AKE Construction Corp., in Miami, was charged with workers’ compensation premium fraud, Florida CFO Jimmy Patronis announced. The contractor allegedly reported to Travelers Insurance that his annual payroll was $161,000. In reality, it was more like $3 million, authorities said. The understatement fraudulently reduced the company’s annual premium from $796,762 to $28,000, according to the news release. Read More