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 person entitled to compensation:
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 the use of a professional audiologist who will perform an audiogram. The audiogram will show the percentage loss of hearing in each ear, and that can then be used to determine your overall hearing loss.
There are two types of hearing loss under Section 8(c)(13). The first is monaural hearing loss, which simply means a loss of hearing in one ear. A 100% loss of hearing in one ear results in 52 weeks of compensation at the appropriate compensation rate. For example, if you have a 30% loss of hearing in one ear only, you will be paid for 15.6 weeks of compensation at the appropriate compensation rate(30% of 52 weeks).
Far too many times I hear, “it hurts and I need to stop”. DO NOT … I REPEAT … DO NOT STOP. Physical therapy is a necessary evil and YES it hurts but as they say, NO PAIN NO GAIN.
Physical therapy, also known as physical rehabilitation, requires a lot of time, a lot of hard work, and of course a knowledgeable physical therapist. Physical therapists are highly educated and are licensed health care professionals, licensed under Florida Statutes, Ch. 486. Their job is to examine, evaluate, and treat patients whose conditions limit their ability to move and function in daily life. A therapist’s overall goal is to maintain, restore, and/or improve mobility and help reduce pain. In some cases, physical therapists are instrumental in helping a patient avoid surgery or the long-term use of prescription medications and associated side effects. Continue reading →
If you have a pending worker’s compensation claim, it is advisable to contact your claim’s adjuster prior to seeking treatment at an emergency room. If you do not obtain pre-approval, you run the risk of being personally responsible for the hospital bill. Even if it is after hours or the weekend, we still urge that you make a good faith effort to obtain authorization. Send an Email to the adjuster or leave a voice mail – your best bet is to do both. If you are unable to contact your adjuster and you proceed to the emergency room, it is imperative that you inform the emergency room nurse that you have a pending worker’s compensation claim. If you have your claim information (i.e., name, address and telephone number of the worker’s compensation carrier and/or claim number), be certain to provide same. While providing this information is necessary for processing, the emergency room services must be approved and authorized by the claim’s adjuster so that the bill can be paid accordingly. Please do not provide your personal health insurance card. Continue reading →
Obtaining up to 52 weeks of Rehabilitative TPD with the advent of the Westphal case is much easier now. This means the injured worker can receive up to 52 weeks of rehabilitative temporary partial disability (TPD) where they have a high school education or an GED and cannot return to the same line of work. This also applies when your prior job is not available or the work is not within your restrictions. In that event, the injured worker should apply using the attached form for rehabilitative TPD benefits. The Judge cannot deny the first 26 weeks of benefits and with a high average weekly wage this can result in significant compensation benefits for the injured worker. The goal of course is to help the injured worker find a better job. Many clients can look to obtain a higher settlement in the lump sum settlement because they will release rehabilitative TPD benefits. This firm specializes in obtaining those benefits and settlements. Since 1984 we have been known in the industry for LUMP SUM SETTLEMENTS.
The recent Caterpillar Logistics, reversed a judgment awarded in the Miami Court, and discussed the factors that would allow a person to recover damages where they are fired in retaliation for filing a workers compensation claim. Our firm follows these lawsuits closely.
Juries are generally fairly liberal in awarding damages on these cases as they relate to the upset of being fired. The problem in this case was that the injured worker continued on a no work status due to his physical injuries and therefore, since there was no evidence that the injured worker would recover to the point that he could return to substantial/equivalent employment, therefore the retaliation was not the cause of his future lost wages. “In summary, the jury’s award of back pay and front pay are not sustainable because Amaya was unable to work due to his on the job physical injuries.” Those damages were compensable through his workers compensation case. Had the injured worker been cleared for work after being placed on a no work status due to his physical injuries and if he was unable to work due to his emotional injury then he could have been awarded the money for lost wages and loss of earning capacity. The jury has to award money for emotional distress and mental anguish. Based on these factors, the Appellate Court reversed the half million dollar judgment for the injured worker in Caterpillar Logistics Services, Inc. vs. Rudolf Amaya 3rd Dis. Ct of Appeals decided July 13, 2016.
I just returned from London, England where I had my client sign her release. There was a notary requirement on the original release, but in London, a notary charges £100 pounds, which is equivalent today to $130.00.
To save my client that money, we spoke with the supervisor at the insurance company and received approval for her signature to be witnessed by two people in London, which was done instead of having a notary. This saved the client $130.00 and we did not charge the client for our travel expenses, as we frequently do business in London.
We receive calls from all over the United States from people injured while providing services to our troops stationed throughout the world. Their injuries are covered under the Defense Base Act, which is a Federal Statute, providing workers compensation benefits.
The Florida Supreme Court on June 9, 2016 in the case of Westphal v. City of St. Petersburg, Case No. SC13-1976 declared Florida Statute 440.15(2)(a) unconstitutional. That provision sought to limit disability (lost wage) benefits to an injured worker to only 104 weeks, even though the worker was on a no work status or disabled after the 104 weeks.
The Florida Supreme Court concluded that provision was unconstitutional based on a denial of right of access to the Courts. The Florida Supreme Court said that the injured worker could have 5 years or 525 weeks to receive benefits for lost wages based on an earlier constitutional statute. Those weeks do not have to be sequential.
What this means for the injured worker, is that, the Florida Supreme is finding provisions of the workers compensation law so onerous that those provisions violate the constitutional rights of the injured worker. When this happens, the prior constitutional provision of the workers compensation law becomes applicable.
In Miles vs. City of Edgewater Police, 1D15-0165 the First District Court of Appeal declared Florida Statutes 440.105(3)(c) and 440.34 unconstitutional because they infringe on the Claimant’s right to contract to pay attorney’s fees from their own funds for litigating a workers compensation claim. Any contract for fees for representing an injured person must like all fees for Florida attorneys comply with the factors set forth in Lee Engineering, 209 So.2d. 454, 458 (Fla. 1968) and the Florida Bar Rule 4-1.5(b). In Miles, the 1st DCA stated “we hold that no attorney accepting fees, per such a fee contract in this situation may be prosecuted under 440.105(3)(c) Fla. Stat. The right of the Claimant to contract is known as a civil liberty possessed by all persons and is within the rights guaranteed by the Constitution.”
Are ex parte communications between a nurse case manager and a physician permissible? The answer to this question truly depends on whether the nurse case manager is a qualified rehabilitative provider performing a reemployment assessment or if the nurse case manager is solely retained to perform medical care coordination services. If the nurse case manager is a “qualified rehabilitation provider” and retained to perform a re-employment assessment, then ex parte communications are appropriate and allowable pursuant to Florida Statue 440.13(4)(c). Conversely, if the nurse case manager is retained by the employer or the carrier for the sole purpose of medical care coordination, ex parte communications are impermissible and a violation of the statute. It is important to note that just because the nurse case manger is deemed a “qualified rehabilitation provider” that does not, in and of itself, permit ex parte communications between she and the physician.
While Florida Statute 440.13 (4)(c), allows the employer and or the carrier to have ex parte communications with the physicians, this statute does not extend to third parties or a qualified rehabilitation provider who is not performing a reemployment assessment.
If you have been assigned a nurse case manager, it is important to understand her role. If you are unsure, please do not hesitate to contact our office as we would be more than happy to speak with you.