Florida Injury Attorney Blawg

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 Statute…

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…

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, Florida…

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 Florida law allow workers’…

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, it was apparent that America…

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 NRA agenda. Oy vey! He…

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…

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 fairly. A 2003 law aimed…

Section 440.15(4)(e) of the Florida Statutes provides as follows: “If the employee is terminated from postinjury employment based on the employee’s misconduct, temporary partial disability benefits are not payable as provided for in this section.” Simple enough, right? Not necessarily. For starters, 440.15(4)(e) is qualified by section 440.02(18), which provides in pertinent part as follows:…

Workers’ compensation claimants have the burden of showing that the workplace accident is the major contributing cause of an injury. Section 440.09(1), Florida Statutes (2017). Major contributing cause, or MCC, means the cause which is more than 50 percent responsible for the injury as compared to all other causes combined for which treatment or benefits…