Monthly Archives - April 2019

Does Workers’ Compensation Cover Accidents in Your Personal Car?

Prior to 1994, an individual who was traveling to and from work in their personal car was deemed to be on the job. This meant that if you were rear-ended while going to work or returning home in the afternoon, your case was covered under workers’ compensation. This was called the “coming and going rule” but the law is very different now. First, the “going and coming” rule was abolished and you are no longer considered on the job when [...]

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Automobile Accidents – Property Damage Resolution

I dealt with two cases yesturday involving property damage claims (fixing your car).  When I first meet an injured person involved in a motor vehicle accident, they are usually very concerned about what happens with their car. I suffer from the dame feelings that my car is “my baby” and I want it back just the way it was before the accident.  Unfortunately, this is not the law in Florida and people must come to terms with reality. First, the [...]

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Workers’ Compensation Attorney’s Fees

I have watched thru the Florida Supreme Court website/archives the oral arguments over claimant paid attorney’s fees in workers’ compensation.  In 2003, the legislator capped the claimants attorney’s fees at $1,500.00 for a medical only issue and did not cap the employer/carrier’s fees.  This effectively means that the insurance company can spend as much money as it wants on defending a workers’ compensation claim. On the other hand, the claimant cannot pay out of his/her pocket an attorney’s fee and [...]

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Automobile Accident – Admissibility of traffic tickets

Many of my clients are interested about the relevance of who got the traffic ticket and why.  Although the traffic ticket is helpful prior to filing suit to prove negligence, the admissibility in a trial court never occurs. The short reason is that the traffic ticket is a hearsay document created by the investigating law enforcement officer.  The definition of hearsay is an out of court statement which is inadmissible in a court of law. The traffic officer arrives on [...]

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Automobile Accidents – Final Stages

When my client settles with an insurance company in an automobile accident, the insurance company will forward a check and release for my client’s signature. This is done before a notary.  Additionally, there will be a closing statement to instruct the disbursement of the funds between the client, my office and any healthcare providers who have outstanding balances. Once the check is signed, it is deposited in a trust account which is monitored by the Florida Bar.  The check must [...]

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A Mediation

I attend a workers’ compensation mediation approximately once every two days at the workers’ compensation court in Orlando, Florida.  The Orlando coutrhouse has jurisdiction over the following counties: i) Orange, ii) Lake, iii) Ocseola and iv) Seminole. At a mediation, there are three things that can happen.  First, if there is an issue that my client is owed a doctor or money, there may be no agreement and we set a trial date in approximately ninety days.  The trial will involve the [...]

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Auto Accident on Interstate 4-Who is responsible

Yesterday, I was delayed in my trip to Tampa because of the bad accident that occurred as a result of the fire/smoke. Evidently, a controlled burn had gotten out of control and the smoke covered the lanes of traffic resulting in many fatalities and serious injuries. The question many people may have is who is responsible for this incident. First, the US Forestry Service will typically issue a permit for the landowner to start a controlled fire. Second, the land [...]

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Merry Christmas and Happy New Year

This is the time of year when I receive a increased number of calls about auto accidents and I urge all of you to be careful. The issue of keeping you family safe was recently discussed in the news with three areas of concern: i) Driving during the holidays. People are in such a hurry around the city on their phones and simply not watching where they are going. Also, individuals are tired and stressed from work and family [...]

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timetable to receive money after settlement is achieved

Unlike auto accidents, a workers’ compensation settlement has to be approved by the Judge of Compensation of Claims. Typically, a client will not receive their money for 45-60 days after both sides agree to the final number. There is nothing our office can do to speed up the process because the judge will sign the settlement paperwork at his or her discretion. The process is as follows: First, paper work must be drafted by the insurance company’s lawyer. I review [...]

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Delay in final hearings

Unfortunately, the Orlando Sentinel reported this week what I have been telling my clients for over a year: there are not enough judges and the final hearing will be years away. Typically, my clients file their initial claim and a decision is given from the social security administration in a few months. If denied, you have 60 days to file a reconsideration. If the reconsideration is denied, I will file an appeal within 60 days and within one year [...]

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