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- Florida Arrests 10 in Undercover Workers’ Comp Sting
The Florida Department of Financial Services’ Division of Insurance Fraud (DIF) announced 10 arrests following a multi-agency undercover workers’ compensation sting in Manatee County. According to a statement from DIF, the 10 individuals allegedly advertised their ability to perform wide-ranging plumbing and electrical work without proper licenses or training, and without having workers’ compensation coverage to protect their employees in the event of an accident or injury. Click here to read more:
- Opioid Abuse Takes A Toll On Workers And Their Employers
Three decades ago, the treatment Michele Zumwalt received for severe headaches involved a shot of the opioid Demerol. Very quickly, Zumwalt says, she would get headaches if she didn't get her shot. Then she began having seizures, and her doctor considered stopping the medication. "I didn't know I was addicted, but I just knew that it was like you were going to ask me to live in a world without oxygen," she says. "It was that scary." Click here to read more:
- Workers Comp Fight could have High Stakes
Nearly 13 years after lawmakers overhauled the state's workers-compensation insurance system, the Florida Supreme Court is poised to hear a legal challenge that could have major implications for businesses, insurers and injured workers. Click here to read more:
- Its a Non-Final Order, that Matters in Workers' Compensation
In July, I ran across Empara v. New Rochelle School District. A New York case that makes for an interesting reminder of finality and appellate jurisdiction. In Empara, an injured worker’s claim for benefits was litigated as so many are, in multiple hearings. Workers’ compensation has been referred to as “serial” meaning that cases can be presented in a series of hearings. This is due in part to the manner in which workers’ compensation statutes provide benefits in stages, each based on specific pre-requisites. It can also be a conscious decision of employers and employees. Click here to read more:
- 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:
