This diagram is not intended to be a conclusive timeline of every case, but is illustrative of a general timeline of workers’ compensation disputes following the filing of a Petition for Benefits. If you have questions about your specific facts and circumstances,...
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Social Security Benefits; Withdrawing an Application
While withdrawing an application for either Social Security disability benefits or Social Security Retirement benefits is rare, certain circumstances can present where withdrawal of an application is the better course of action for an individual. For example, John...
Substantial Work in Disability Cases; Self Employment
Substantial Work in Disability Cases; Self Employment The first question addressed in the five-step sequential evaluation process used to evaluate disability claims is whether the claimant is engaged in substantial gainful activity. Generally, substantial work is...
When a Carrier Fails to Respond to a Request for Surgery
The following fact pattern occurs with some frequency in Florida workers’ compensation cases: an authorized doctor recommends surgery, the doctor requests authorization for the surgery in writing to the insurance company, and the insurance company fails to respond to...
Repetitive Use Injuries in Florida
Workers’ compensation repetitive use injuries in Florida represent a subset of on-the-job injuries relating to specific wear and tear on the body due to specific job functions required to perform the particular job. Occupational repetitive stress injuries comprise...
Workers’ Compensation Immunity in Florida
Injured workers who become frustrated with the limitations associated with the Florida Workers’ Compensation system often have questions with regard to whether they are permitted to bring a separate negligence action against the employer, and thus go beyond the...
PTD Series; Importance of a Thorough Job Search
According to the Florida statutes, in order to establish entitlement to permanent total disability benefits, the following standard applies: F.S. 440.15 – Compensation for disability Permanent Total Disability – In case of total disability adjudged to be permanent…...
Sickle Cell Disease and Social Security Disability
Sickle Cell Disease is the most common form of inherited blood disease and affects about 90,000 – 100,000 Americans[1]. Sickle Cell Disease causes the red blood cells to become hard and sticky, and look like a C-shaped farm tool called a “sickle.” People with Sickle...
Psychiatric Conditions in Workers’ Compensation Cases
Most work injuries are physical in nature. Whether you suffer broken bones from a fall or injure your back while lifting, there is some damage to your body for most people who experience a workers’ compensation injury in Florida. Those who have physical injury on the...
Vocational Retraining in Florida Workers’ Compensation Cases
A question that arises in many workers’ compensation cases is: What happens if I never regain enough functioning to perform my past job? The answer depends on many factors, but one option available to a person who may have done a physically demanding job-one they are...