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Articles Posted in workers compensation

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Pain May Serve as the Basis of an Emergency Medical Condition and an Emergency Medical Doctor can Testify in Workers’ Compensation

In the case of Jose v. Goodwill Industries and Gallagher Bassett, decided January 23, 2014, the First District Court of Appeals in Florida held that a Goodwill worker who passed out and fell at work was not able to pursue a workers’ compensation case because the claimant failed to produce…

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Illegal Aliens Entitled to Workers’ Compensation Benefits

A Florida Court has held that an illegal alien who was injured on the job is entitled to workers’ compensation benefits.  In the case of HDV Const. Systems, Inc. v. Aragon, 66 So. 3d 331 (Fla. 1st DCA 2011), the Claimant, Luis Aragon, was an illegal alien who was injured…

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Employer Arrested for Failure to Provide Workers’ Compensation Insurance after Death of Employee

On November 5th, 2013, Collier County Police arrested Joel Trujillo for not having workers’ compensation insurance available to the employees of his company, K.C. Tile and Marble.  Failure to provide workers’ compensation insurance is a third degree felony under Chapter 440 of the Florida Statutes. Back in June, two employees…

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One-Time Change Required Within Five Days Under Florida’s Worker’s Compensation Law

In worker’s compensation cases, the Employer/ Carrier has the right to select the injured worker’s physician. Are there any circumstances in which an injured worker can pick his or her own physician?  The answer to this question is “Yes.” Under Section 440.13(2)(f), Florida Statutes (2011), the Claimant is allowed a…

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Formula for Payment of a Worker’s Compensation Lien Out of Third Party Settlement Funds

Now that you have a third party settlement, how much do you pay the worker’s compensation carrier from your proceeds? Many times an injured person is entitled to both workers’ compensation benefits as well as a third party settlement.  Since the workers’ compensation doctors are often conservative and will not…

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