Articles Posted in Uncategorized

Jeffrey P. Gale, P.A. // Settling Wrongful Death & Minor’s Personal Injury Case Without Prior Court Approval
Jeffrey P. Gale, P.A.

Various Florida statutes require court approval of wrongful death settlements and settlements involving minors (if the amounts received in the aggregate exceed $15,000; See Section 744.301(2), Florida Statutes (2017)). Does this mean that settlements in these situations cannot be negotiated to resolution by the parties without first obtaining court approval? The answer is that the…

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Jeffrey P. Gale, P.A. // Open Letters to Senator Rob Bradley Regarding Florida Workers’ Compensation
Jeffrey P. Gale, P.A.

Dear Senator Bradley: I have been representing injured workers since 1990. As Florida’s 1st DCA wisely noted in 1985, in language adopted by the Florida Supreme Court in Castellanos v. Next Door Company, et al., a claimant proceeding “without the aid of competent counsel” would be as “helpless as a turtle on its back.” Davis…

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Jeffrey P. Gale, P.A. // Contending With Alcohol Issues in Motor Vehicle Crash Cases
Jeffrey P. Gale, P.A.

Our firm represented a gentleman who sustained life-threatening injuries after being struck by an SUV while standing next to his incapacitated truck on the side of Interstate 95 in Broward County, Florida. (See blog photo.) The accident happened in broad daylight during rush hour traffic. Following a tire blowout, our client had pulled his semi-tractor…

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Jeffrey P. Gale, P.A. // Learn Basic Rules of Giving Sworn Testimony from Jeff Sessions’ Testimony to Congress
Jeffrey P. Gale, P.A.

Countless times we have prepared witnesses to give sworn testimony. At the very outset we go over the basic rules: 1. Listen carefully to each question and make it is fully understood before answering; 2. Only answer the question asked. If that can be done with a simple yes or no, answer accordingly. If an…

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Jeffrey P. Gale, P.A. // Florida Workers’ Compensation Law — Estoppel as a Response to Trickery and Neglect
Jeffrey P. Gale, P.A.

Workers hurt on the job do not have an unlimited period of time in which to institute legal proceedings against employers and their insurance companies, herein collectively referred to as the “E/C,” to resolve disputes. Rights can be lost if not exercised timely. Florida statute 440.19 allows for the filing of a petition for benefits…

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Jeffrey P. Gale, P.A. // Obtaining Multiple IMEs in Florida Workers’ Compensation Cases
Jeffrey P. Gale, P.A.

Section 440.13(5)(e), Florida Statutes (2016) limits who may give medical opinions in Florida workers’ compensation cases. (e) No medical opinion other than the opinion of a medical advisor appointed by the judge of compensation claims or the department, an independent medical examiner, or an authorized treating provider is admissible in proceedings before the judges of…

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Jeffrey P. Gale, P.A. // Associated Industries of Florida Proposing Illusory Workers’ Compensation Legislative Changes
Jeffrey P. Gale, P.A.

Stung from being held accountable by the Florida Supreme Court, Associated Industries of Florida (a/k/a Enemy of the People), commanded by Tom Feeney, he of the 2000 Presidential Election coup, is proposing, on behalf of itself and other workers’ compensation insurance companies, to abolish carrier-paid attorney’s fees. In Castellanos v. Next Door Company, the Florida…

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Jeffrey P. Gale, P.A. // Winning Florida Workers’ Compensation Temporary Disability Benefits Without Supporting Medical Testimony
Jeffrey P. Gale, P.A.

To receive wage loss benefits following an accident, injured workers must demonstrate a connection between the wage loss and their injuries. Wyeth/Pharma Field Sales v. Toscano, 40 So. 3d 795 (Fla. 1st DCA 2010). The most common way of accomplishing this is through medical testimony. Many people believe that it is the only way. It’s…

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Jeffrey P. Gale, P.A. // Florida Workers’ Compensation Statute of Limitations in Repetitive Trauma Cases
Jeffrey P. Gale, P.A.

The key component of every statute of limitations is the triggering event which starts the running of the SOL clock. In Florida workers’ compensation cases, the event is “the date on which the employee knew or should have known that the injury or death arose out of work performed in the course and scope of…

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