Florida Statute 440.02(1), which is contained in the definitions section of Florida’s workers’ compensation system, defines “Accident” as “an unexpected or unusual event or result that happens suddenly.” Can an injury resulting from an event that is not unexpected or unusual be compensable under Florida’s workers’ compensation system? Yes. In Bryant v. David…
Florida’s workers’ compensation system has two distinct time bars for filing petitions to seek benefits. Most people are at least vaguely aware of one of the concepts, known as the statute of limitations (SOL). Florida’s workers’ compensation SOL is enunciated in section 440.19, Florida Statutes. The other time bar is laid out in Florida…
Individuals receiving Florida workers’ compensation benefits for serious medical conditions must give deep thought and consideration to the role of Medicare in their future medical plans. This is especially so for those who are eligible or soon to be eligible for Medicare. Because workers’ compensation has primary responsibility [for covering medical care associated with work-related injuries] versus Medicare’s secondary…
Trump rants that “attorney client privilege is dead.” BS! I’m a lawyer and feel no less confident that as long as my clients and I keep our noses clean, our privileged communications will remain sacrosanct as always. Major hurdles had to be overcome for the federal judge to authorize the…
Nothing is more important to a workers’ compensation claimant than being under the care of a fair-minded doctor. Unfortunately, realizing this fundamental right under Florida’s workers’ compensation system can be elusive. This is because Florida law offers employers/workers’ compensation insurance companies (E/C) the opportunity to select all of the injured worker’s treating doctors, 440.13,…
This previous blog — Florida Workers’ Compensation Permanent Total Disability (PTD) and the Social Security Disability (SSD) Offset — explains how workers’ compensation benefits and Social Security Disability benefits can offset each other. Today’s blog explains what happens when the workers’ compensation case settles. Federal law (42 U.S.C sec. 424a) and…
Some of our social media postings: ******** Trump and the Vietnam War Only the most pickle-brained Trumpis believe that bone spurs kept Trump out of the Vietnam War through 5 deferments. I’m certain that it was cowardice, a sense of entitlement, and a lack of patriotism. Almost from the beginning,…
The following are some of our posts to social media: Parkland Town Hall At the Parkland town hall, Rubio says that the NRA gives him money because it supports his agenda rather than the NRA giving him money to support its agenda. Either way, this means that Rubio supports the…
It is not uncommon for minor children to be living with only one of their parents or neither. Since minors do not have the capacity to make various legal decisions, the question often arises as to who, in the above scenarios, does have that authority. Custody law can be contentious and complicated. While it is beyond the scope of…
The following editorial was published on January 16, 2018, in the Tampa Bay Times newspaper. It is fair and balanced. ***************************** Editorial: Balancing the playing field for workers’ compensation For the longest time, injured workers in Florida were basically at the mercy of the whims of employers to treat them…