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  • Florida Workers Comp Challenge seeks U.S. Supreme Court Review

    The U.S. Supreme Court has been asked to review a challenge of the constitutionality of Florida's workers compensation system in a case on which the state Supreme Court declined to rule. ​ Miami attorney Mark Zientz petitioned the U.S. Supreme Court seeking a writ of certiorari in Daniel Stahl v. Hialeah Hospital. The case questions whether Florida's workers comp system is an adequate exclusive remedy for injured workers following changes that eliminated permanent partial disability benefits. Click here to read more:

  • Miami Beach police seek workers comp for Zika infections

    The Miami Beach police union is appealing to lawmakers to provide workers compensation for police officers who contract the Zika virus after two officers reportedly were denied benefits for the mosquito-borne illness. ​ A report from the Miami New Times newspaper on Tuesday said two Miami Beach police officers were denied workers comp for hospital bills related to Zika. Click here to read more:

  • Comp Benefit Cap for Undocumented Workers Struck Down

    A limit on workers compensation benefits for undocumented workers is unconstitutional because it prevents them from being eligible for the same comp benefits afforded to legally employed workers in the state, the Tennessee Supreme Court says. ​ Carlos Martinez emigrated to the United States from Guatemala in 2003 or 2004. In March 2011, he began working for Steve Lawhon, doing business as Commercial Services, a building and ground maintenance company, according to court records. Click here to read more:

  • Appeal allows Florida Comp Rate Hike to move Forward

    A controversial 14.5% workers compensation advisory rate increase apparently will go into effect for Florida on Thursday after the Florida Office of Insurance Regulation filed a notice of appeal late Monday. ​ A Florida Circuit Court judge ruled on Nov. 23 to void the rate increase proposed and approved by the Boca Raton, Florida-based National Council on Compensation Insurance Inc. and the Florida Office of Insurance Regulation. The decision is being appealed to the First District Court of Appeal for the State of Florida in Tallahassee, according to the notice of appeal. Click here to read more:

  • Firm fined after being convicted of Manslaughter in Worker’s Death

    A New York construction contractor was sentenced to pay a $10,000 fine Tuesday after the company was found guilty earlier this year in the crushing death of a 22-year-old worker, according to the New York County District Attorney’s Office. ​ New York-based Harco Construction L.L.C., also known as H&H Builders Inc., was convicted in June by the New York State Supreme Court of second-degree manslaughter, criminally negligent homicide, and reckless endangerment, according to a joint statement Tuesday from New York County District Attorney Cyrus R. Vance, Jr. and New York Department of Investigation Commissioner Mark G. Peters. Click here to read more:

  • Drawing the line between Employees and Contractors

    Workers compensation experts say employee misclassification continues to be a problem for insurers, but add there are steps employers can take to make sure they don’t mistakenly misclassify their workers. ​ Worker misclassification typically happens when employers classify workers as independent contractors rather than as employees who would be eligible for workers comp and other employee benefits. Click here to read more:

  • NCCI vows to Fight Lawsuit over Florida Workers Comp Rate Hike

    The head of the National Council on Compensation Insurance Inc. said the organization is looking forward to defending against a lawsuit accusing it and Florida insurance regulators of developing a controversial rate hike for workers comp coverage in secret. In November, a Florida Circuit Court judge voided a 14.5% rate hike after finding that NCCI and the Florida Office of Insurance Regulation did not follow open meetings laws when they came up with the controversial rate hike. However, the increase took effect on Dec. 1 after the judge’s order was appealed to the 1st District Court of Appeal for the State of Florida in Tallahassee and a 10-day stay was granted — further developments could occur as early as Monday. Click here to read more:

  • Florida Contractors penalized after Worker Killed in Fall

    Federal workplace safety regulators have proposed a total of $91,536 in penalties against four Florida contractors after a worker fell nearly 11 feet to his death. ​ Leonardo Javier Lopez-Montelo, 33, fell through an unprotected stairway opening as he performed punch-list activities at a Miami housing complex construction site, the U.S. Occupational Safety and Health Administration said Wednesday in a statement. An investigation into the June incident by OSHA found that the stairway opening had no guardrails or cover as required, which his employer knew about. Click here to read more:

  • Florida considers Alternate Comp Bill for PTSD Coverage

    Less than a month after the introduction a Florida bill that would provide workers compensation coverage for first responders with post-traumatic stress disorder, a separate bill is making its rounds in the state Senate that aims to reduce hurdles for police officers and firefighters claiming mental injuries. ​ Senate Bill 1088 was introduced Monday by Florida Sen. Victor Torres, D-Osceola, and would provide workers comp for firefighters, paramedics, emergency medical technicians, and law enforcement officers who suffer a mental injury — regardless of whether they have an accompanying physical injury — and have a “preponderance” of evidence showing the mental injury arose out of their work, according to a copy of the bill posted online. The legislation would also provide survivor benefits to family members if the mental injury results in the death of the first responder. Click here to read more:

  • Workers Comp Fraud Scheme lands Woman in Federal Prison

    A Florida woman was sentenced to 18 months in federal prison and ordered to pay more than $600,000, including $18,603 in restitution to American International Group Inc., for a workers compensation fraud scheme she orchestrated. Between May 2013 and May 2016, Orquidea Quezada of Orlando, Florida operated a comp insurance scheme that funneled about $17.4 million through her company, Winter Park, Florida-based Orquicely Construction L.L.C., to subcontractors who frequently employed undocumented workers, according to a statement issued by the U.S. Department of Justice on Wednesday. Click here to read more: ​

  • Woman pleads guilty to $5.9 million Comp Fraud Scheme

    A Tennessee woman has pleaded guilty to conspiracy in a $5.9 million workers compensation scheme that involved collecting premiums for nonexistent comp policies. Andrea Rudd faces up to five years in prison and a fine of $250,000, according to the plea agreement filed earlier this month in the United States District Court for the Eastern District of Tennessee in Knoxville. Ms. Rudd also pleaded guilty to one count of tax evasion totaling $10.4 million, which carries the same potential sentence. Click here to read more: ​

  • Light duty can ease injured workers back into their jobs

    Employers may be missing simple opportunities to implement light-duty return-to-work programs that can help them reduce workers compensation and training costs and maintain the productivity of their workforces, according to experts. An employee out of work has a 50% chance of returning to work in the same position after six months, but if the employee is out for one year, that chance drops to 25% and is virtually zero if they have been out for two years, according to data from the Bureau of Labor Statistics. Click here to read more: ​

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