Florida Injury Attorneys Blog

Published on: April 21, 2014

Uninsured Motorist Coverage Pays – Even If You’re Not In Your Car!

Many car accident victims assume that in order to be able to pursue benefits from their insurance company, they actually have to be driving their own car or riding in their car as a passenger. When it comes to getting your insurance company to pay for your injuries, this is not always true!

Let’s say you’re helping your friend move. As you’re unloading furniture and packages from the back of your friend’s truck, the truck starts rolling backwards and knocks you over, causing an injury. Most people in that situation wouldn’t even think of pursuing benefits from their uninsured motorist coverage, but in this case, the law is on your side! If you are injured by another car in motion, even if you’re not in the car, you could be entitled to UM benefits where the car that hurt you is underinsured or has no insurance.

You can also pursue uninsured motorist or underinsured motorist benefits if you are in an accident while riding in someone else’s car. If you are riding somewhere with your friend in your friend’s vehicle and you are involved in a hit-and-run accident where the other car flees the scene, your UM coverage will pay for your injuries. Continue reading →

Published on: March 14, 2014

Obtaining Permanent Total Disability (PTD) Benefits under Florida’s Workers’ Compensation System

By Jo Ann Hoffman & Associates, P.A.

Obtaining permanent total disability (PTD) benefits under Florida’s workers’ compensation system may not be as hard as previously thought. The First District Court of Appeals affirmed the Judge of Compensation Claims’ Final Compensation Order in the case of Hicks v. Redwine Properties, Inc., JCC Case No. 11-005849MRH. In that case, the claimant (injured worker) was a 58-year-old man with a high school education. He sustained a work-related injury to his right shoulder including a rotator cuff and bicep tear and impingement of the right shoulder. He underwent surgery and was placed on modified duty with permanent work restrictions of no repetitive reaching or lifting above the shoulder level and a 20 pound lifting limit below the shoulder level with the right arm. The claimant began his job search when he was released to return to work in January 2011. According to the Judge of Compensation Claims, the claimant performed an extensive job search and he applied for all the jobs referred to him by a vocational expert. Despite all this, the claimant was unable to find any sort of employment. Continue reading →

Published on: March 6, 2014

UM Does Not Have to Pay a Work Comp Lien Per the Case of Volk v. Gallopo

By Jo Ann Hoffman & Associates, P.A.

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 uninsured motorist proceeds. See also Florida Statutes, Sections 440.39 (3)(a) and 627.727(1). The only exception is where the UM paid its money to replace the liability proceeds so it can subrogate against the tortfeasor. See Metrix South v. Rose, 758 So. 2d 1259 (Fla. 1st DCA 2000). The applicable statutes presently in effect are included for ready reference. Continue reading →

Published on: February 28, 2014

The Oscars on 3/2/2014 Remind Me of my Experience on the Red Carpet at the SAG Awards!

By Jo Ann Hoffman & Associates, P.A.

My friend, who is a doctor and an actress with a membership in the Screen Actors Guild, secured two tickets to the Screen Actors Guild (SAG) Awards and I was invited. This involved flying to Los Angeles, picking up our two tickets which had our names and instructions on arrival and attendance along with our limo passes to the Awards. We had to purchase a limo as you don’t want to arrive at the Awards in your Hyundai rental car.

You’re instructed to arrive at the Awards which took place at the Shrine Convention Center in downtown Los Angeles by 3:30 p.m. You have to be in your seats by 4:30 p.m. as the show begins promptly at 5:00 p.m. There are yards of bright red carpet flowing from the street where you’re dropped off into the Awards center gala. When you are dropped off at the red carpet, the people there open your doors and you have arrived! There are crowds of people in the area of the limousine drop-off and you know when a big star arrives because there’s lots of cheering.

I, along with my friend and other people who were invited, stood along the sides of the red carpet where we would take pictures of celebrities as they passed down the red carpet. The stars were arriving for about 45 minutes. You knew when a big star arrived because you could hear the fans that were blocked off on the other side of the street cheering. A big cheer went up for Oprah, who certainly has a big presence when she arrives and walks down the red carpet. Rita Moreno arrived and, at 82, would accept her Lifetime Achievement Award. She certainly had a dazzling outfit on and a wonderful presence as she walked down the carpet. Morgan Freeman was there as well and received big cheers.

Continue reading →

Published on: February 11, 2014

Pain May Serve as the Basis of an Emergency Medical Condition and an Emergency Medical Doctor can Testify in Workers’ Compensation

By Jo Ann Hoffman & Associates, P.A.

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 objective medical findings substantiating an injury resulting from his fall at work. However, the Appellate Court noted that none of the doctors had been asked about the hospital CT scan taken on the date of the claimant’s accident, which revealed a hematoma or some hemorrhage. Neither of the doctors had been asked whether that condition substantiated an objective medical finding substantiating an injury at work.

Pain may serve as the basis of an emergency medical condition if, in the absence of immediate medical attention, the claimant could reasonably be expected to suffer “serious dysfunction of any bodily organ or part.” In the case of Manuel Cespedes v. Yellow Transportation, the First District Court of Appeal decided on November 26, 2013, that in this case the claimant had a compensable injury on March 20, 2006 and was MMI’d by Dr. Chris Brown with a 6% impairment for an L5-S1 disk herniation. Thereafter, he treated intermittently with Dr. Brown. On March 19, 2011, he was admitted to Kendall Regional Medical Center under the care of Dr. Acebal, Claimant was found to have a massive herniated disk at L5-S1, severely compressing the nerve roots and Dr. Acebal did immediate surgery at L5-S1. Prior to surgery Dr. Acebal offered to transfer the Claimant’s surgery to Dr. Brown because he needed immediate surgery. Dr. Brown told Dr. Acebal to do the surgery. On March 22 Dr. Acebal performed surgery and the Employer/Carrier denied any further medical care. The Claimant tended to offer into evidence the opinion of Dr. Acebal, but the Employer/Carrier objected. The JCC erroneously sustained that objection. This case was eventually reversed with the Employer/Carrier being ordered to pay for the surgery. Continue reading →

Published on: January 23, 2014

Illegal Aliens Entitled to Workers’ Compensation Benefits

By Jo Ann Hoffman & Associates, P.A.

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 while working as a framer. As he was working, he fell from a height of 30 feet and sustained numerous fractures to his left foot and left forearm.

Mr. Aragon was severely injured and received extensive medical treatment, including the implantation of a spinal cord stimulator. The doctors determined that the fall left him with severe permanent injuries, which included complex regional pain syndrome in the left foot accompanied by constant pain, nerve injury, and discoloration. Because of his injuries, the doctors determined that Mr. Aragon had permanent restrictions which would limit him to sedentary work only, meaning that he would be unable to perform any of his pre-injury occupations, which included construction, farming, and manufacturing.

Luis Aragon did not have a valid Visa and was living in the United States illegally. In addition, he had no driver’s license, had a limited education, was unable to speak, read, or write in English, and had no transferrable skills which would assist him in obtaining the sedentary employment to which he had been restricted by his doctors. Continue reading →

Published on: November 27, 2013

Employer Arrested for Failure to Provide Workers’ Compensation Insurance after Death of Employee

By Jo Ann Hoffman & Associates, P.A.

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 of K.C. Tile and Marble were working at a construction site when they were struck by lightning. One employee survived; the other did not.

Because of the employer’s failure to secure workers’ compensation coverage for its employees, the family of the worker who died was not able to collect death benefits which would have potentially been available to them under workers’ compensation. These benefits include funeral expenses up to $7,500.00, compensation to dependents, and benefits to the surviving spouse, up to a maximum of $150,000.00. The surviving employee would have been entitled to medical care and lost wage benefits. Although the details of the employee’s injury have not been released, lightning strikes have the potential to cause severe burns, cardiac arrest, and neurological impairment. Continue reading →

Published on: November 13, 2013

Medical Treatment Following a Car Accident Under Florida’s New PIP Law

By Jo Ann Hoffman & Associates, P.A.

justice2 The State of Florida’s personal injury protection laws recently underwent a change effective January 1, 2014, and it is important to understand how these new regulations affect your rights. This coverage is also known as PIP coverage. The new PIP law, effective January 1, 2014, requires victims who are involved in motor vehicle accidents to seek medical treatment within fourteen (14) days in order to receive personal injury protection benefits. If you do not receive initial medical services and care within fourteen (14) days after your motor vehicle accident, you will not be entitled to any PIP benefits. What this means is that the $10,000.00 in coverage that you pay for with your insurance company will not be paid for at all if you do not obtain initial medical treatment or care within fourteen (14) days following a motor vehicle accident.

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The new law also created two different amounts that can be reimbursed to an individual seeking PIP benefits depending on whether that person has been diagnosed with an emergency medical condition. If a physician, osteopathic physician, dentist, physician’s assistant, or advanced registered nurse practitioner has determined that the injured person has an emergency medical condition, then that person will be allowed to obtain the full $10,000.00 in PIP benefits. An emergency medical condition, or “EMC” for shorthand, is defined as a medical condition manifesting itself by acute symptoms of sufficient severity that the absence of immediate medical attention could reasonably be expected to result in serious jeopardy to patient health, serious impairment to bodily functions, or serious dysfunction of a body organ or part. An injured person who is not diagnosed with an emergency medical condition (EMC) will be limited to $2,500.00 in PIP benefits even though the injured persons pays for $10,000.00 in benefits through their insurance policy.

If you are injured in a motor vehicle accident, it is of vital importance to obtain medical treatment within fourteen (14) days and also contact a personal injury attorney such as Attorneys Jo Ann Hoffman & Vance B. Moore, P.A., within fourteen (14) days of your motor vehicle accident so that we can help protect your entitlement to PIP benefits.

Published on: November 11, 2013

Slips, Trips, and Falls

By Jo Ann Hoffman & Associates, P.A.

Have you been injured in a slip and fall or a trip and fall that wasn’t your fault? It is important to know what to do after a slip and fall accident or a trip and fall accident and what duties state and federal law place on stores, malls, restaurants, and other places where most slip and fall accidents occur.

If you have been the victim of a slip or fall on the premises of a business, the first thing you should do is report the accident to the property manager, store manager, or any other employee of the business. It is very important to make sure that someone who works at the location where you fell is aware of the situation. Then, take photos of where you fell and what caused you to fall. Make sure to get as many angles as possible. Try to obtain a copy of the accident report from the business. Remember, the company is likely going to argue that your accident wasn’t as a result of their negligence, so make sure you get as much evidence as you can. If you run into someone who doesn’t want to give you this information, speak to a qualified attorney and he or she will use legal methodologies to ensure that no vital information is withheld.

What duties does a landowner or a business owner owe to a guest on its property?

Continue reading →

Published on: November 4, 2013

One-Time Change Required Within Five Days Under Florida’s Worker’s Compensation Law

By Jo Ann Hoffman & Associates, P.A.

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 one-time change of physician for the life of the case. The request for the one-time change made by an injured worker must be approved and the Claimant must be notified within five (5) days.

In the case of Bustamante v. Amber Construction Co. and American Interstate Ins. Co. (Fla. 1^st DCA 2013), the injured worker’s attorney emailed the request for a one-time change to the adjuster on September 25, 2012. The adjuster responded the following day, stating that he would contact another provider to see if one of their orthopedics would take over treatment. Thereafter, the adjuster faxed a letter to the new orthopedic advising them that they were authorized to “evaluate and treat claimant.”

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