On February 24, 2023, JoAnn Hoffman received the Lifetime Achievement Award from the Broward County, Workers Compensation Division of the Florida Bar for her decades long work helping the injured in Florida. How far have we come and how far can we go to be Fair to all people? That…
When computing the claimant’s Average Weekly Wage, “AWW” one must include “concurrent employment” if applicable. Fla. Stat. § 440.02(27). “Concurrent” is a term left undefined by Florida Workers’ Compensation Law, but case law suggests it means a “second job” or “moonlighting” that is expected to continue. Cato Corp. v. Stuart,…
Is a Non-FDA drug or service authorized under FS 440 et seq My workers compensation authorized treating doctor (ATP) has recommended a non-FDA approved experimental drug; however this has been denied by Worker’s Compensation — is this par for the course? The response to most legal questions is “it depends”…
Florida Workers Compensation Lien The workers’ compensation system is designed to provide injured employees with medical and wage loss benefits. Jones v. Martin Elecs., Inc., 932 So.2d, 1104 (Fla.2006). If you are injured on the job or in the scope of your employment you may have a worker’s compensation claim…
As we attempt to navigate through unchartered waters, the concern for most workers who return to work – whether you are a frontline worker or in the private sector and have no alternative but to work – is whether or not you will be covered under Florida Workers’ Compensation Laws…
Can you sue a Third Party? Photo by Nicolas J Leclercq on Unsplash If you were a construction worker who has been injured on the job, you can apply for and receive workers compensation benefits. But can you make a claim against a third party other than your Employer? The…
This January, an Administrative Law Judge approved a settlement reached by Javier Ruiz, Esq. relating to home modifications needed by a client (pictured below with his consent) in a Defense Base Act (DBA) case. The case involved litigation of complex legal issues requiring expert testimony as to the modifications needed…
When our firm received a call that a worker pulling up plywood on a new townhouse construction project had died, we went to the scene. In St. Petersburg, FL we were able to canvas the site and find the building permits to identify the company to pursue for death benefits.…
While rare, an attorney should always consider the viability of pursuing a third-party claim where a DBA injury is due to the negligence of a third-party other than your employer. This is allowed under 33 U.S.C. Section 933 (a) but has a strict requirement of notification under subsection (g)Compromise obtained by…
Hearing loss under the Longshore and Harbor Workers’ Compensation Act, as extended by the Defense Base Act, is compensated under Section 8(c)(13) as a scheduled injury, resulting in a scheduled award. It is a traumatic injury in that the harm occurs immediately upon exposure. Hearing loss is determined by…