Even though Florida’s workers’ compensation (WC) system includes many safeguards to protect against abuse, you must still stay on top of cases to ensure that you pay only legitimate benefits.
One tricky WC concept: “maximum medical improvement” (MMI).
It sounds simple enough. MMI occurs when “the treating physician determines that the employee’s injury has healed to the extent that further improvement is unlikely.” But a few recent WC cases show how complicated the issue can become for employers.
Termination before MMI. A supermarket employee was injured on the job and received treatment paid for by the employer’s WC carrier. However, the employer terminated the man for reasons unrelated to his WC claim before he achieved MMI.
The man filed for temporary disability benefits under the WC system. The court rejected his claim because, under Florida’s WC law, employees must show they are unable to earn at least 80 perce...(register to read more)