Rules of Procedure

The Workers’ Compensation Act is littered with landmines of deadlines that if an Employer/Carrier does not abide by can exponentially increase the value of their claims.   Understanding those deadlines (the 3-day rule, the 5-day rule, the 10-day rule, etc. . .) is imperative.

As strict as those rules are, there is going to be some kind of gamesmanship by Claimant attorneys.  We have all received that 4:55 pm fax on a Friday requesting a one time change.   We’ve all rushed to respond (with a doctor’s name!) before the following Tuesday passes.

However, we should all take a deep breath and realize that the Rules of Civil Procedure afford E/C’s a reasonable calculation of those “strict” deadlines and we have more time than we think. (more…)

While everyone gets ready for “Comp Camp” next month at the FWCI Convention in Orlando, with all of its catered meals, live music, and open bars, we must not forget that things actually get done at the Convention.  For example, the Division of Administration Hearings (DOAH) has proposed changes to the Rules of Procedure for W/C Adjudications and will be presenting them at a hearing at the Convention on August 18, from 8 am to 9:30 am.

These changes reflect the desire to transfer all legal pleadings to towards e-filing, as well as streamline the mediation process.  However, buried within these procedural changes is a whopper of a rule change that can affect every claims professional and HR person handling W/C files:  

Finally, DOAH is placing a Statute of Limitations on motions for Claimant attorney fees. (more…)