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A Personal Injury, Workers' Compensation and Defense Base Act Law Firm Fighting for the Injured.

Articles Tagged with workers compensation

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hearing-protection-1532036Hearing 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).

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back-injuryObtaining permanent total disability (PTD) benefits under Florida’s workers’ compensation system may not be as hard as previously thought.  The First District Court of Appeals affirmed the Judge of Compensation Claims’ Final Compensation Order in the case of Hicks v. Redwine Properties, Inc., JCC Case No. 11-005849MRH.   In that case, the claimant (injured worker) was a 58-year-old man with a high school education.  He sustained a work-related injury to his right shoulder including a rotator cuff and bicep tear and impingement of the right shoulder.  He underwent surgery and was placed on modified duty with permanent work restrictions of no repetitive reaching or lifting above the shoulder level and a 20 pound lifting limit below the shoulder level with the right arm.  The claimant began his job search when he was released to return to work in January 2011.  According to the Judge of Compensation Claims, the claimant performed an extensive job search and he applied for all the jobs referred to him by a vocational expert.  Despite all this, the claimant was unable to find any sort of employment. Continue reading →

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This firm maintains that it is critical to know if you have to repay a worker’s compensation lien from uninsured or underinsured motorist proceeds.  Per the case of Volk V. Gallopo, 585 So. 2d 1163.(Fla. 1st DCA 1991), a workers’ compensation lien is only payable from the liability proceeds, not the uninsured motorist proceeds.  See also Florida Statutes, Sections 440.39 (3)(a) and 627.727(1).  The only exception is where the UM paid its money to replace the liability proceeds so it can subrogate against the tortfeasor.  See Metrix South v. Rose, 758 So. 2d 1259 (Fla. 1st DCA 2000).  The applicable statutes presently in effect are included for ready reference.   Continue reading →

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