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…
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…
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…
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…
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…
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…
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…
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…
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…
On 4-28-16, the Florida Supreme Court in the case of Castellanos v Next Door Company SC 13-2082 declared Florida Statute 440.34 unconstitutional because it violated the Constitutional due process right to the courts for the injured workers. The constitutional violation was based on the failure of that statute to allow claimants’ attorneys…