“Ignorance of the law is no defense” is a popular expression. It means that a person will not be excused from punishment for not knowing that particular conduct was against the law. A similar rule holds true when it comes to written documents: Ignorance of a document’s content does not…
Florida Injury Attorney Blawg
Jeffrey P. Gale, P.A. // Florida’s EMA Law Neuters the Independence of Workers’ Compensation Judges
The resolution of disputes in Florida workers’ compensation cases often boils down to medical opinions. On this matter, the deck is stacked against injured workers (a/k/a “claimants”). Section 440.13(2)(a), Florida Statutes lays out the obligations of employers and their insurance carriers, commonly referred to as “E/C,” to furnish medical care…
Jeffrey P. Gale, P.A. // Florida’s Vehicle Crash Rear-End Fault Presumption Not Absolute
In 1958, Florida joined a handful of other states in adopting the evidentiary rule that a presumption of negligence arises against the trailing vehicle in motor vehicle crashes. See McNulty v. Cusack, 104 So.2d 785 (Fla. 2d DCA 1958) (Other jurisdictions limited the rear-end aspect of the collision to creating…
Jeffrey P. Gale, P.A. // Exception to Incident Report Work-Product Privilege
Litigants seek probative evidence to prove their cases through procedural discovery methods. In personal injury cases, incident reports describing the circumstances of the accident typically contain valuable information. Defendants usually oppose turning over incident reports to plaintiffs. The argument is that the incident report was prepared in anticipation of litigation…
Jeffrey P. Gale, P.A. // Peer Review in Florida Workers’ Compensation
The Oxford Dictionary defines peer review as “a judgment on a piece of scientific or other professional work by others working in the same area.” It is a commonly used procedure with a variety of scientific and medical matters. Florida’s workers’ compensation statutes are located in Chapter 440. Peer review…
Jeffrey P. Gale, P.A. — Arbitration is Un-American
The 7th Amendment to the United States Constitution, ratified in 1791, codifies the importance of jury trials in civil cases to the framework in the American Way. Here is the amendment’s simple language: In suits at common law, where the value in controversy shall exceed twenty dollars, the right of…
Jeffrey P. Gale, P.A. // Consider Gross Negligence to Avoid Florida Workers’ Compensation Immunity
During every initial workers’ compensation client interview, I spend time explaining that Florida’s workers’ compensation system does not pay benefits for non-economic damages such as pain and suffering. Most people don’t know this. I reiterate the point during various stages of the case, especially as we approach settlement discussions. Nothing…
Jeffrey P. Gale, P.A. // Considerations Concerning Cash Advance Funding of Florida Personal Injury and Workers’ Compensation Cases
The competition to advance money to those injured in accidents is fierce. The reason for the fierce competition is the potentially high rate of return on the investment. Numerous companies, some large with a national presence, engage in the competition. Because their only security is the injury case itself (workers’…
Jeffrey P. Gale, P.A. // Can a Treater be an IME Under Florida’s Workers’ Compensation Laws?
Florida’s workers’ compensation system, located in Chapter 440 of the Florida Statutes, follows its own unique set of rules and procedures. One of the more unusual and challenging is the limitation set forth in section 440.13(5)(e) regarding who may provide expert medical opinions: No medical opinion other than the opinion…
Jeffrey P. Gale, P.A. // Florida Workers’ Compensation Medical Authorization Legal Nuggets
Florida employers and their workers’ compensation insurance carriers, often referred to in combination as the “E/C,” are obligated under Florida Statute 440.13(2)(a) to “furnish to the employee such medically necessary remedial treatment, care, and attendance for such period as the nature of the injury or the process of recovery may…