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  • Pompano Beach Business Owner faces Workers' Comp Fraud Charge

    A Pompano Beach construction company owner faces up to 20 years in prison after her arrest on charges she avoided paying at least $1.8 million in workers' compensation insurance premiums. Maira Chirinos, owner of Tocoa Builders Inc., lied when obtaining a workers' compensation policy for the company by underreporting the company's payroll, number of employees and daily operations, according to a news release by the Florida Department of Financial Services. Chirinos reported a company payroll of $76,000 during a period of time when more than $11 million in payroll checks were cashed, the release said. Click here to read more:

  • Workers’ Compensation in Three Acts

    The Jones Act, 46 U.S.C. §30104, et seq., is a mixed compensation and liability scheme arising from the exclusive federal jurisdiction established in Article III, Section 2 of the United States Constitution. It covers compensation for injuries and death sustained by the masters and crews of vessels. Much of the law covering seamen is jurisprudential, based extensively on English case law adopted by the federal courts of the young American nation. Much of this law was codified in the Merchant Marine Act of 1920, also known as the Jones Act. In the Judiciary Act of 1789, Congress granted the district courts exclusive jurisdiction over admiralty and maritime claims, now codified at 28 U.S.C. §1333. The original article is no longer available

  • Law Limiting Right to Lawyer in Workers’ Comp Cases Struck Down

    In a potentially far-reaching decision, a Florida appeals court Wednesday struck down a state law that restricted a police officer from paying a law firm to help her pursue workers-compensation insurance benefits. The 26-page decision by the 1st District Court of Appeal said it was unconstitutional for police officer Martha Miles and her union, the Fraternal Order of Police, to be prohibited from paying a retainer and hourly fees for legal representation in a workers-compensation dispute with the city of Edgewater and an insurance carrier. Click here to read more:

  • Florida Supreme Court Strikes Down Workers’ Comp Attorney Fee Law

    In a major victory for injured workers and stinging defeat for businesses, the Florida Supreme Court on Thursday struck down a law limiting attorney’s fees in workers’ compensation cases. The 5-2 ruling is a setback for business groups who say legal fees drive up the cost of workers’ compensation insurance and threaten Florida’s economy and they must seek help from a reliably pro-business Legislature. Click here to read more:

  • Florida Supreme Court Workers' Comp Fee Ruling Signals Unease With Law

    The Florida Supreme Court ruled for workers in an opinion that ensures they can hire lawyers when they battle their employers over injury benefits. In a 5-2 ruling Thursday, the court decided a statute that standardizes fees for claimant lawyers in workers' compensation cases fails the due process test. The majority opinion in Castellanos v. Next Door rejects an hourly fee of $1.53. Click here to read more:

  • Managing Workers’Compensation Premiums Through Correct Employee Classification

    For small businesses, workers’ compensation often can account for the largest share of their annual insurance premiums. However, for companies of all sizes, there are ways to manage and oftentimes minimize these costs. Original article no longer available

  • Naples Construction Company Owner accused of avoiding $700,000 in Workers’ Premiums

    A Naples construction company owner accused of avoiding about $700,000 in workers' compensation premium payments was arrested on charges of fraud last week. ​ Raimundo Hernandez-Argueta, owner of Complete Framing Professionals, was arrested by the Collier County Sheriff's Office May 12 and was released on $30,000 bond the same day. Click here to read more:

  • NCCI Proposes Florida Workers Compensation Rate Increase effective August 1, 2016

    Read the NCCI Press Release for the proposed filing. Click here to read more:

  • 5 Arrested for Workers' Comp Fraud in Lee, Collier

    A warning for anyone hiring contractors or construction crews: An operation in Southwest Florida nabbed five contractors accused of workers' compensation fraud. ​ Humberto Fumero is one of the five men arrested. A report says he ignored workers' compensation laws, allowing one man to work for his company with no coverage at all. ​ The arrests are part of a major push by the state to help protect workers' and consumers. Click here to read more:

  • Fix Florida's Broken Workers' Comp System

    Florida's workers' comp system is broken. Two state Supreme Court decisions striking down key parts of the system prove that. The Legislature can fix it. If, that is, lawmakers can bring the focus back to where it belongs – helping injured workers. ​ Lawmakers and businesses are quick to accuse the high court of overreach. The real overreach came when the Legislature, eager to stick it to lawyers who take workers' comp cases, "reformed" the system in ways that made it unconstitutionally difficult for injured workers to have their compensation cases settled fairly. Click here to read more:

  • Column: Lawyers aren't causing Workers' Comp Rate Increase

    As the chair-elect of the Workers' Compensation Section of the Florida Bar, I believe it is important to correct misconceptions regarding the workers' compensation system and the attorneys who represent injured Floridians. ​ ​The Florida Chamber of Commerce suggests that the workers' compensation rate increase approved by the new state insurance commissioner benefits only "billboard trial lawyers." Nothing could be further from the truth. Click here to read more:

  • Are the Florida Workers’ Comp Statutes Low Trust?

    Our company, UniMed Direct, has had an initiative for 2016 based upon Stephen M.R. Covey’s bestselling book The Speed of Trust. Our team experienced FranklinCovey training, which we highly recommend. But back to the book. If you have not read it, and you are in any type of business management, I suggest you get it and read it. One of the key “nuggets” from the book is the idea that when you extend trust to individuals, they generally respond better than if trust is withheld. Click here to read more:

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