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In August 2013, a 32-year-old machine helper entered a large wire mesh manufacturing machine to retrieve a fallen metal bar, and he was struck and killed by a part that feeds the wire into the machine's welding area. The light curtain that would have automatically turned the machine off before he entered the danger zone had been disabled. Proper operation of the machine's guards, a basic Occupational Safety and Health Administration requirement, would have saved his life. Click here to read more:

The Florida Division of Insurance Fraud (DIF), which operates under the direction of Chief Financial Officer Jeff Atwater, announced the arrest of William David Rodeffer III of Folkston, Ga. Rodeffer allegedly accepted insurance premium payments from two clients for insurance policies that were never purchased. Nearly $40,000 in premium payments was paid to Rodeffer on these two policies, one of which was for workers’ compensation insurance. Click here to read more:

For over two years, the people of Florida workers' compensation have been watching The Florida Supreme Court waiting for a decision in Castellanos v. Next Door Company. Then, the Florida First District Court of Appeal issued a panel decision on April 20, 2016. Judge Bradford Thomas authored the 26 page opinion in Miles v. City of Edgewater Police, joined by Chief Judge Roberts and Judge Wolf. The court has declared Fla. Stat. 440.34 and Fla. Stat. 440.105(3)(c) unconstitutional. Click here to read more:

Florida was late to the party, adopting workers' compensation eighty one years ago, in 1935 (several states have already celebrated centennials). The statute, the concept of workers' compensation, was voluntary in Florida through 1967, with Sections 440.03 and 440.05 describing the ability and process of electing not be covered. The statute has been through a variety of changes over the decades, but a very significant change was the Legislative decision to make workers' compensation mandatory for most employers by 1971. These links are to the statutes, which are available on www.fljcc.org, on the "resources" tab. There has been much prognosticating and opinionating in Florida over the last several months. Many conversation have revolved around "what will the Legislature do about ___________?" That sentence began with "Miles" in the blank, and then it was "Castellanos," and then "Westphal," by which time it seems it was often filled with an amalgamation of the "those cases" or "the Supreme Court cases" (which specificity might have perhaps intentionally excluded Miles, or perhaps illustrated lack of understanding that Miles' was a First DCA decision). Click here to read more:

A decision issued late last week has largely skated under the radar, but has the potential for another big impact in the world that is Florida workers' compensation. Florida Judge Mark Massey issued a decision on August 25th, in the case Napoles v. Kendall Regional Medical Center, that will maintain the status quo in the state for the time being. However, the case is subject to review, and if overturned could have dramatic implications for payers in the state. This was a Worker's Compensation Judge's (JCC) trial level adjudication and thus can be considered more persuasive than it would be a controlling decision. Once again, we find attorney fees front and center, as this decision was related to compensation paid to attorneys for handling an appeal. The attorneys representing the claimant, Mark Touby and Richard Sicking, were requesting remuneration of between $650 and $800 an hour for working on the case. Click here to read more:

Chief Financial Officer Jimmy Patronis and the Department of Financial Services (DFS) today announced the recent conviction of Ivan Alberto Hernandez-Madrigal (Hernandez) following an in-depth investigation into Hernandez’s attempt to fraudulently provide his company’s clients, which consisted of various construction industry employers, with workers’ compensation insurance in return for a fee. In addition, Hernandez was found to have performed various payroll services for those clients where he withheld and pocketed thousands of dollars in state and federal payroll taxes. Click here to read more:

The OJCC is required by law to approve all attorney’s fees paid by or on behalf of an injured worker. Section 440.34. Fla. Stat. There is no such specific requirement for the approval of fees paid by employer/carriers for their defense counsel representation. Despite the absence of such specific requirement for defense fee approval, the broad language of section 440.105(3)(b), Fla. Stat. arguably could require OJCC approval of defense attorneys’ fees. However, this statutory authority has historically not been interpreted to require approval of defense attorneys’ fees, although some claimants’ attorneys and groups have questioned this interpretation. Click to read more:

There were 5,190 workplace fatalities reported in the U.S. in 2016, a 7 percent increase over the previous year. According to the Bureau of Labor Statistics’ Census of 2016 Fatal Occupational Injuries, the fatal injury rate increased from 3.4 per 100,000 full-time equivalent workers in 2015 to 3.6 in 2016. This was the third consecutive annual increase and the first time in nearly a decade that the number has surpassed 5,000, according to the National Safety Council (NSC). Click to read more:

Taking the time to hire the right person for your available position is worth the time and expense. It takes a lot of time and money to train new hires. If they are not right for position, you are wasting that time and money. The wrong hire can also affect employee morale and safety. They can be injured or injure other employees. Taking extra time to screen the potential employees at the start can go a long way toward a successful hire. Implement a hiring process and stick to it. By having a system in place, you will be more efficient and organized. Where will you list your job openings? What will your base job listing say? What will you add to your base job listing for different departments of your business? Develop a list of the job duties, including the physical requirements for your positions. Design an informative employment application. These are the first steps toward finding qualified candidates for your open positions. Once you find a qualified candidate, there are another series of steps to take. Look for these in next month’s WCA Shout Out. If you have questions, please call us at (561) 500-FLWC (3592). This is one of the extra services provided by Work Comp Associates, Inc.

A New Jersey man is facing fraud charges after surveillance video appears to show him fake a fall at his former place of work. It looks like break time at the workplace cafeteria in the crystal-clear footage sent out by the Middlesex County Prosecutor’s Office, but investigators say the man you see in the video is looking for more than just a drink from the soda machine. Click here to see the video:

StartFragmentThe new year is a good time to resolve to keep your workplace safe and sound by establishing and maintaining an effective safety and health program. The Safe + Sound Campaign can help your business take a step in the right direction no matter where you are on the road to developing a program. During the year, the Safe + Sound Campaign will support your efforts through periodic safety and health program messaging and communications; free webinars; resources from campaign organizers; and local events to support safety and health program development.EndFragment Click to read more:

Are you aware of the steps that need to be taken if you’re in a situation where a coworker gets a small cut or you see someone suffering from a heat-related illness? If you have been certified in First Aid/CPR, you should be able to say a confident ‘yes’ to this question! The importance of these trainings goes beyond simply having a certification card. It means that in a possibly life-threatening situation, you are equipped with the knowledge of how to react and the next steps to take. Join us for our next Webinar on Wednesday, October 18, 2017 at 3:00 PM EDT/12:00 PM PDT where we discuss the importance of First Aid & Bloodborne Pathogen Training and how it could save more lives than you think! Webinar has already passed