Written for workers' compensation practitioners and judges, claims adjusters, medical providers, and vocational rehabilitation counselors, Dubreuils Florida Workers' Compensation Handbook is a portable resource containing up-to-date analysis, insight and practical information, combined with case summaries, statutes, rules, charts and tables--perfect for hearings, settlement conferences and depositions.
Dubreuils Florida Workers' Compensation Handbook includes clear analysis of the law, with special alerts, sample equations and hypotheticals--all written in clear, easy-to-understand language; charts and tables to aid in determination of benefits; a reference directory with helpful telephone numbers and web sites; as well as the following exclusive features:
practice points
case summaries to help refresh your memory about seminal cases
full text of relevant statutes, rules and regulations
the most detailed index available
In addition, Dubreuils Florida Workers' Compensation Handbook includes extensive cross references to Larson's Workers' Compensation, Desk Edition, drawing from the strength of the most relied on name in workers' compensation law.
Reference Directory
Part I Guide To Workers' Compensation Claims
Chapter 1 Evolution of Workers' Compensation Law
Chapter 2 Reporting: Employee, Employer, and Carrier
Chapter 3 Confirming Coverage: Under the Policy and Under the Law
Chapter 4 Jurisdiction: Accidents Outside the State and Coverage for Nonresidents
Chapter 5 Invalid Contract of Employment; The Martin v. Carpenter Defense
Chapter 6 Confirming Compensability: Accident and Injury
Chapter 7 Confirming Compensability: The Arising Out Of and In The Course Of Employment Requirements
Chapter 8 Occupational Disease, Acceleration or Aggravation Of Disease, and Apportionment
Chapter 9 Additional Defenses
Chapter 10 To Pay Or Not To Pay and Adjuster Ethics
Chapter 11 Reserves
Chapter 12 Calculating Indemnity Benefits, Average Weekly Wage, Penalties, and Offsets
Chapter 13 Temporary Total and Permanent Total Disability
Chapter 14 Temporary Partial and Permanent Partial Disability Benefits
Chapter 15 Impairment Benefits and Death Benefits
Chapter 16 Medical Benefits
Chapter 17 Rehabilitation Benefits
Chapter 18 Attendant Care
Chapter 19 Subrogation
Chapter 20 The Special Disability Trust Fund
Chapter 21 Washout Settlements
Chapter 22 The Legal Environment and Dispute Resolution
Chapter 23 Lawyers and Their Fees
Chapter 24 Insurance and Regulation in Workers' Compensation
Chapter 25 The Americans With Disabilities Act and Its Effect On Workers' Compensation
Part II Case Summaries
50.01 Arising Out Of and In The Course Of Employment
50.01A Attendant Care
50.02 Attorney's Fees
50.03 Average Weekly Wage
50.04 Death Benefits
50.05 Disability Benefits
50.06 Dispute Resolution
50.07 Employer/Employee Relationship
50.08 Expert Medical Advisors
50.09 Independent Medical Examination
50.10 Limitation Of Actions
50.11 Managed Care
50.12 Medical Benefits
50.13 Occupational Disease
50.14 Social Security Offset
Part III Florida Statutes
Title XXXI Labor
Title XXXIX Commercial Relations
Part IV Florida Rules Of Procedure For Workers' Compensation Adjudications
Part V Florida Rules Of Appellate Procedure
Part VI Selected Provisions Of The Florida Administrative Code
Title 6 Department of Education
Title 38 Department of Labor and Employment Security
Title 59 Agency for Health Care Administration
Title 60 Department of Management Services
Title 69 Financial Services
Part VII Florida Code Of Judicial Conduct
Part VIII Tables
Table 1 Statewide Average Weekly Wage--Maximum Compensation Rate
Table 2 Wage Loss Discount Factor
Table 3 Codes Relating To DWC-4: Notice Of Action/Change
Table 4 U.S. Life Expectancy Table
Table 5 Eight Percent Present Value
Table 6 Glossary Of Abbreviations And Jargon Frequently Used In "Comp"
Table 7 Bibliography of LexisNexis Medical Publications
Table 8 Bibliography of LexisNexis Workers' Compensation Related Publications
Index
JOHN J. DUBREUIL (1945-2008)
John J. Dubreuil devoted more than thirty-five years to the insurance industry specializing in claims and Florida workers' compensation. He began his career as a field investigator and adjuster and held senior management positions with third party administrators, managing general agencies and commercial insurance carriers. In addition, he served as a consultant and as an expert witness in workers' compensation related litigation. Mr. Dubreuil was a graduate of Eckerd College in St. Petersburg, Florida, where he earned a B.A. degree in business management. In addition he earned the professional designation of Chartered Property Casualty Underwriter (CPCU) from the American Institute for Property and Liability Underwriters Inc. He also earned the professional designations of Associate in Risk Management (ARM) and Associate in Claims (AIC) from the Insurance Institute of America. He was Board Certified in workers' compensation claims, and in 1994 the Workers' Compensation Claims Professionals Association named him Florida's Claims Professional of the Year. Mr. Dubreuil was licensed by the State of Florida as an all lines insurance adjuster and general lines insurance agent, and previously as a surplus lines insurance agent. He was a member and past chairman of the Administrative Advisory Committee to the Division of Workers' Compensation. Mr. Dubreuil was a former member of the Florida Statewide Judicial Nominating Commission for judges of compensation claims, and had been certified as a mediator by the Florida Supreme Court. Mr. Dubreuil was a member of the Larson's National Workers' Compensation Advisory Board.
ROBERT J. GRACE, JR., Editorial Consultant
Robert Grace is a shareholder with the law firm of Stiles, Taylor & Grace, P.A. His areas of practice include civil trial practice, workers' compensation and general insurance defense. The firm maintains offices in four Florida cities including Tampa, Hollywood, Jacksonville and Tallahassee as well as Atlanta, Georgia. Mr. Grace received his Masters of Law in international banking law from Boston University in 1991, his Juris Doctorate from the University of Mississippi in 1990, and his Bachelor of Arts degree in political science and history in 1987 from Indiana University. Mr. Grace is admitted to the Florida Bar, the United States Eleventh Circuit Court of Appeals and the United States District Court for the Middle District of Florida. He is active in the Florida Bar, where he was a committee member of the Clients' Security Fund from 1997 to 2003, serving as Vice-Chairman during 2002-2003. He is also a member of the Trial Lawyers and Workers' Compensation Sections of The Florida Bar. He is also active in the Florida Defense Lawyers' Association, the Defense Research Institute, the Hillsborough County Bar Association and the American Bar Association, where he is a member of the Litigation Section, the Tort and Insurance Practice Section and the Labor and Employment Law section. He is a frequent lecturer around the country on a variety of legal topics. Mr. Grace is "AV" Rated by Martindale-Hubbell and was recognized by Florida Trend Magazine as part of Florida's Legal Elite.
WILLIAM J. McCABE, Editorial Consultant
William J. McCabe practices law in Longwood, Florida with the law firm of Shepherd, McCabe & Cooley. Mr. McCabe is a 1967 graduate of the University of Florida. He received a B.S. in Industrial Engineering. He served on active duty with the United States Marine Corps from 1967-1970. He received his J.D. from the University of Florida in 1972. He was admitted to the Florida Bar in 1973. He has handled workers' compensation cases and workers' compensation appeals since graduating from law school. He has been extensively involved in workers' compensation appeals since 1980 representing Claimants only. In 1988 Mr. McCabe received the Orange County Legal Aid Society Award of Merit. In 1999 his law firm was recognized by the Seminole County Legal Aid Society. Mr. McCabe has presented Continuing Legal Education Seminars for the Florida State Bar Association, including seminars on appellate practice in Workers' Compensation at the Florida Bar Workers' Compensation Forum for the years 2006, 2007, 2008 and 2009. Mr. McCabe has had Oral Argument before the First District Court of Appeal at the Workers' Compensation convention for each of the last four years (2004-2008).