KW Life Care Planning prepares life care plans and medical cost projections for attorneys handling workers' compensation cases in Florida.
Workers' compensation matters involve work-related injury or illness within a statutory system that pays medical benefits under a fee schedule and, in many settlements, closes future medical liability in exchange for a lump sum. Life care planning in this setting supports settlement valuation, Medicare Set-Aside allocation, and disputes over the reasonableness and necessity of future treatment.
Plans address the injury-related care the treating physician projects: physician follow-up, medications, injections, future surgery, therapy, durable medical equipment and replacement, diagnostic testing, and, in catastrophic work injury, attendant care and home modification. Because state fee schedules govern payment, the plan typically prices items under the applicable schedule and, where useful, at usual and customary rates for comparison.
Exposure is defined by the projected cost of injury-related medical care over the claimant's life expectancy, priced under the governing fee schedule. Where the claimant is a Medicare beneficiary or reasonably expected to become one, the Medicare-covered portion must be allocated in a set-aside, and the difference between the plan and the set-aside is often the focus of settlement negotiation.
The planner documents the injury-related diagnoses, obtains the treating physician's projection of future care, and prices each item under the state fee schedule with stated sources. The same clinical foundation supports a Medicare Set-Aside allocation when one is required, and the plan distinguishes injury-related care from treatment for unrelated conditions so the carrier's obligation is stated accurately.
Workers' Compensation matters in Florida are litigated in the state's trial courts, with life care planning and future medical cost testimony evaluated under Florida's expert evidence standard. KW Life Care Planning prepares reports and testimony that account for these requirements.
Highest court: Florida Supreme Court. Federal venues: N.D. Fla., M.D. Fla., S.D. Fla..
Source: Florida judiciary (flcourts.gov)
Florida's Circuit Courts hear personal injury and medical malpractice claims, the latter preceded by a mandatory pre-suit investigation period. Workers' compensation disputes are heard by the Office of the Judges of Compensation Claims rather than by the courts.
The clinical methodology is the same, but pricing follows the state fee schedule, the scope is limited to injury-related care the carrier is responsible for, and the plan is often prepared with settlement and Medicare Set-Aside requirements in mind.
When a settlement closes future medical benefits and the claimant is a Medicare beneficiary or has a reasonable expectation of enrollment. The allocation projects Medicare-covered, injury-related care and is prepared from the same records and physician projections as the life care plan.
The plan documents the treating physician's recommendations and their clinical basis, which counsel can use in disputes over the reasonableness and necessity of future treatment under the state's procedures.
Under the applicable fee schedule for the carrier's obligation, with market rates shown where the claimant may need to purchase care outside the system after settlement.
Contact our team to discuss how KW Life Care Planning can support your case with certified life care planning expertise. Request a Consultation or call (201) 343-0700.