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…
In the case of Jose v. Goodwill Industries and Gallagher Bassett, decided January 23, 2014, the First District Court of Appeals in Florida held that a Goodwill worker who passed out and fell at work was not able to pursue a workers’ compensation case because the claimant failed to produce…
A Florida Court has held that an illegal alien who was injured on the job is entitled to workers’ compensation benefits. In the case of HDV Const. Systems, Inc. v. Aragon, 66 So. 3d 331 (Fla. 1st DCA 2011), the Claimant, Luis Aragon, was an illegal alien who was injured…
On November 5th, 2013, Collier County Police arrested Joel Trujillo for not having workers’ compensation insurance available to the employees of his company, K.C. Tile and Marble. Failure to provide workers’ compensation insurance is a third degree felony under Chapter 440 of the Florida Statutes. Back in June, two employees…
In worker’s compensation cases, the Employer/ Carrier has the right to select the injured worker’s physician. Are there any circumstances in which an injured worker can pick his or her own physician? The answer to this question is “Yes.” Under Section 440.13(2)(f), Florida Statutes (2011), the Claimant is allowed a…
Now that you have a third party settlement, how much do you pay the worker’s compensation carrier from your proceeds? Many times an injured person is entitled to both workers’ compensation benefits as well as a third party settlement. Since the workers’ compensation doctors are often conservative and will not…