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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…

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…

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…

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…

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…

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…

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…

The defense of Florida workers’ compensation claims under Martin v. Carpenter, 132 So.2d 400 (Fla. 1961) and Florida Statute 440.15(5)(a) are employer/carrier favorites. While similar, the defenses are not entirely alike. The case and statute deal with misrepresentations made by job seekers concerning medical history. Under Martin, applicants who lie about their medical history can…

The life of a personal injury lawyer is precarious. Serious pitfalls lurk around every corner. One of the scariest dangers is the unknown medical lien. Of this breed, the Medicare lien can have the biggest bite. In 1965, Congress enacted the Medicare Act by adding Title XVIII to the Social Security Act, with the purpose…

Following a car crash, Florida car insurance companies are required to pay 80% of their own insureds’ medical expenses and 60% of their lost wages until coverage is exhausted at a combined $10,000. The requirement applies regardless of who caused the accident. In 1972, the Florida Legislature crafted a law, known as the “Florida Motor…