The Florida Bar

Florida Bar Journal

The Florida Bar Journal

Workers' Compensation

Affirmative Defenses in Florida Workers’ Compensation

Workers' Compensation
Once upon a time, workers’ compensation pleading was informal. Even a letter from an injured worker’s wife asking the state...

Because I Said So! An Examination of the 1996 Florida Uniform Permanent Impairment Rating Schedule

Workers' Compensation
“Because I said so.” We all remember this excuse our parents used for a decision they had no patience to...

Has the Expanding Compensability of Heart Attacks in Florida Put a Cork in Victor Wine?

Workers' Compensation
In 2014, heart disease accounted for 24 percent of deaths in Florida.1 In 1961, Florida courts first addressed the compensability...

Enforcement of Workers’ Compensation Settlements

Workers' Compensation
Most lawyers are aware that the majority of lawsuits settle at mediation.1 Interestingly, in Florida, the workers’ compensation judge of...

Not So Fast! A Closer Look at 440.105(4)(b)(9)

Workers' Compensation
Consider these facts. A prospective employee approaches a prospective employer about a job. The would-be employee completes a job application....

The New Permanent Total Disability Standard in Florida Workers’ Compensation Cases: A Framework for Evaluating Capability to Engage in Sedentary Employment

Workers' Compensation
As of October 1, 2003, the significant issue for discussion in permanent total disability (PTD) cases will not be whether...

Private Employers’ Workers’ Compensation Liability For On-call Employees

Workers' Compensation
Many private employers have employees who are “on call,” either at scheduled times or on a continuous basis. In fact,...

Vocational Rehabilitation in Florida Workers’ Compensation Cases: A Comprehensive Review of Statutory and Case Law

Workers' Compensation
Vocational rehabilitation in Florida workers’ compensation cases is guided by provisions within F.S. Ch. 440 as well as the case...

Dealing with Medicare Issues in Workers’ Compensation Settlements

Workers' Compensation
For the past several years, Medicare has been mistakenly paying medical expenses for injured workers even when those expenses stemmed...

Workers’ Compensation Settlements: The Next Generation

Workers' Compensation
When the most recent changes to Ch. 440 took effect on October 1, 2001, claimants and employer/carriers in the workers’...