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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Workers’ Compensation
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…...
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...
Florida Workers’ Comp in The Year of the Supreme Court
Christopher Smith had the pleasure of moderating a judicial panel on ethical practices at The Florida Workers’ Comp in the Year of the Supreme Court program presented by Chief Judge Langham and the Office of the Judges of Compensation Claims on Friday, February 6,...
Bar Ethics Opinion Offers Advice on Social Media
This question is now commonly posed to an injured worker during his or her deposition: do you use Facebook? As social media becomes more integral to our every day lives, it also has become more integral to litigation, which can pose issues in terms of deleting...
One-Time Change; The Five Day Controversy
The Florida Workers’ Compensation Act gives an injured worker the right, once during the life of their case, to make a request for a one-time change in treating physicians. However, except in very unusual circumstances, the carrier retains the right to select the...