The first and most important rule of any testimony at your Social Security Disability Hearing: TELL THE TRUTH. A claim for disability at its foundation is; an individual’s condition(s) limit his or her work activities to the point where they cannot do their past work...
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Firm News
Christopher Smith named to Super Lawyers list for 2015
Christopher Smith was named to the Super Lawyers list in 2015. Super Lawyers is a rating service by Thompson Reuters of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The...
Late Work Comp Checks and Penalties / Interest
This is a recurring issue in a large number of cases: late work comp checks. The first thing to understand is at what point is it “late”? Also, is it late because of delivery or mail issues? The general rule is the insurance company should have compensation checks...
The Claimant’s Burden of Proof; The Causal Connection
A case was decided by the First DCA yesterday that highlights a fundamental concept in Florida workers’ compensation claims: a claimant bears the burden of proof to establish entitlement to benefits and a claimant has the burden to present expert medical evidence...
Job Security and Being Out on Workers Comp
This is a question we get quite frequently: Can my employer terminate my position while I am out on workers comp? The scenario would be set up something like this: a roofer has an injury and is out for several months according to the opinion expressed by his or her...
Statute of Limitations in Florida Workers’ Compensation Cases
The statute of limitations in Florida workers’ comp cases applies to all workers’ compensation claims involving injuries after 1/1/94. Under the Florida Workers’ Compensation Act, there is an initial two-year statute of limitations, followed by a one year statute of...
New Case on Cash Advances in Florida Work Comp Cases
A case came down from the First District Court of Appeal today that clarifies a timeliness issue when it comes to requests for cash advances in Florida Work Comp Cases. We have discussed Cash Advances in Florida Workers’ Compensation Cases in detail in a prior blog...
Florida Workers’ Compensation Mileage Reimbursement Rate
Injured workers in Florida who receive authorized medical services through their Workers Compensation carrier are entitled to be compensated for mileage incurred going to and from hospital, therapy center, authorized medical appointments and to pharmacies. A common...
Florida Workers’ Compensation; State Mediation
After an injured worker has filed a Petition for Benefits (seeking some medical or indemnity benefit that is due not being provided by the insurance company), a state mediation is scheduled. The judge assigned to the case issues a Notice of Mediation order within 40...
Work Comp Made an Overpayment. Now What?
Circumstances sometimes present where a Florida workers’ compensation insurance company overpays an injured worker for one reason or another. Maybe they were unaware an injured worker began working and overpaid temporary partial disability benefits, or maybe they...