COVID-19 Update: How We Are Serving and Protecting Our Clients

Articles Tagged with naples-work-injury-attorney

It’s a¬†decision that could have far-reaching consequences for many Florida workers’ compensation lawsuits. Florida’s 1st District Court of Appeal ruled it unconstitutional for a police officer and her union to be barred form paying a retainer and hourly fees for a lawyer in a workers’ compensation case.policecar

In Miles v. City of Edgewater, the three-judge panel struck down the state law that limited the officer’s ability to pay for a law firm to represent her as she pursued workers’ compensation benefits for a work-related injury.

State law puts tight limits on attorney’s fees for workers’ compensation cases, and this has long been a point of bitter contention. The way it works is attorneys are paid strictly on a contingency fee basis, which is dependent on the amount the plaintiff is awarded. If plaintiff does not receive any money, neither will the attorney collect fees.¬† Continue reading

Florida’s 1st District Court of Appeal reversed a lower court ruling denying reimbursement of medical expenses, mileage and co-payments for treatment a worker incurred after he suffered a violent attack on the job. motivationalhate

In Fortune v. Gulf Coast Tree Care Inc., appellate court ruled the Judge of Compensation Claims erred in denying the worker’s claim, and ordered the company to pay the outstanding balance to the worker. The primary issue – and the reason the JCC refused to reimburse the worker for a period of time after the incident – was because the worker failed to request medical care from his employer or employer’s insurance carrier. Instead, the landscaper sought treatment at the local Veteran’s Administration, as he was a retired member of the military.

However, this should not have barred him from receiving compensation for care, the court ruled.

Contact Information