Cory Fairbanks Mazda & Gary Yeomans refuse to pay ex-employee WC lost wages

Written by Charles Leo on . Posted in Uncategorized

Cory Fairbanks Mazda/Gary Yeomans have added insult to injury by appealing the Order of the Court awarding lost wages to their longtime employee.

The Order of the WC trial court followed the unemployment decision that was part of the record. Instead of finally paying the benefits that were awarded to their ex-employee by 2 separate trial courts, Cory Fairbanks Mazda has chosen to delay responsibility by filing an appeal of the WC decision.

An appeal when there is CSE(competent & substantial evidence) supporting the trial court’s decision is more of a “Hail Mary” longshot which adds up to 2 years of delay to finally paying the woman her well- deserved lost wages if the order is upheld. The upside is that Cory Fairbanks Mazda/Gary Yeomans will have to pay penalties, interest and more attorneys fees for the delay if they lose.  In light of the two trials, it is conceivable that Cory Fairbanks Mazda/Gary Yeomans will pay more in appellate costs & attorneys fees than the actual amount under appeal.

An appeal of such a clear CSE Order may be legal, but will cause more harm to the former loyal employee as she waits longer for her lost wages. The perception of continued abuse of process against the injured ex-employee will be hard to shake for Cory Fairbanks Mazda & Gary Yeomans.   Whether or not the decision rises to the level of an Aguilera action has yet to be determined.

On a separate note, Cory Fairbanks Mazda was recently cited by the Federal Trade Commission for false advertising. Not much to add, the FTC’s actions speak for themselves against Cory Fairbanks Mazda.

 

Beat Cory Fairbanks Mazda after they fired injured worker, nice victory.

Written by Charles Leo on . Posted in Uncategorized

After a long fight and two trials, Judge ruled in injured worker’s favor. The Employer, Cory Fairbanks Mazda, had injured the worker when her supervisor hit her twice with a door, herniating discs and causing headaches. Cory Fairbanks Mazda fired the poor injured worker rather than the supervisor who caused the 2 separate injuries, and tried to deny lost wages.

Despite the enormous sums spent by Cory Fairbanks and their insurance carrier against the former employee, the injured worker was able to prevail.

What was sad was that the Unemployment judge had already ruled for the claimant a year before on the same grounds when she found “no misconduct to justify termination”. Losing the unemployment hearing wasn’t enough for Cory Fairbanks, they also tried to deny workers compensation wages.

The claimant waited another year until the workers compensation Trial Order today. Big Victory for a well-deserving claimant who didn’t deserve the abuse. Cory Fairbanks really showed their true colors with how they treated this longtime employee. The sheer animosity shown a 13 year employee was over the top. Supervisors Ault & Rhoads testified at trial against the longtime employee. A lot of time, money, and expense would have been saved if they had just treated the injured worker with some decency and compassion.

Gary Yeomans was the owner/partner who made the ultimate call and testified live against the injured worker. Yeomans is a millionaire with ownership interests in several dealerships in Central Florida, but the “everyman/injured worker” was able to stand up for herself against all the money and win based on the truth. Cory Fairbanks dug a line in the sand and went to war against one of their most loyal workers. Justice prevailed, maybe next time Gary Yeomans & Cory Fairbanks will think twice about treating one of their own so harshly.

SETTLED laborer for $ 235,000

Written by Charles Leo on . Posted in Uncategorized

Claimant was injured when a tub he was carrying slipped and knocked him down a flight of stairs. After getting Social Security Disability for the client, the insurance company was forced to accept the seriousness of the injuries, even though no surgery was required. Client was finally able to buy his own home, after being homeless at points during the workers compensation litigation. Helping him made a difference in his life and ours.

WON Social Security Disability for accountant with brain tumor

Written by Charles Leo on . Posted in Uncategorized

In a head scratcher, the federal government had denied the client benefits despite a confirmed tumor. After many filings, and getting the right forms filled out for the client by the cancer surgeon, we were able to get the benefits awarded without a hearing. Client grateful, it was tough for him to worry about testifying while undergoing cancer treatment. Glad we were able to get benefits so quickly.

GOT GRATEFUL HUG from client saved from paralysis

Written by Charles Leo on . Posted in Uncategorized

Sometimes, a hug is payment enough. Our client hired us to pursue workers compensation for his continuing back complaints. We refused a settlement offer and forced the employer too authorize an MRI and orthopedic evaluation. The client learned through the tests that he had a tumor on his spine causing his pain. We put his workers compensation litigation on hold and forced him to get the emergency surgery that saved him from paralysis. We have now settled his workers compensation case, and although it wasn’t a lot of money, his gratitude for our help was heartfelt. Even the staff got teary eyed when he explained what it meant to have our help. Helping people is first and foremost in our approach to our clients, glad for the hug.

APPEALED our 3rd Constitutional challenge to Chapter 440

Written by Charles Leo on . Posted in Uncategorized

Hardworking woman injured with two knee replacements and rating of 20%. Before the Legislative attacks by the employers in 2003, her benefits were worth 200k if not totally disabled. Under the terrible changes made by the Legislature, her benefits were worth 16k, as she wasn’t totally disabled.

We hope the First District Court of Appeals will certify the challenge straight through to the Florida Supreme Court. Our expert testified that the law in its present form is unconstitutional because it allows no benefits based on “loss of earning capacity”, which all prior versions of the Workers Compensation statute allowed. We want to change the status quo by asking the appellate courts to protect the “other 90%” who need the middle class protections of workers compensation. The Courts have to find their backbone and push back against the Legislative over reach. Judge Cueto had the vision and backbone in the Padgett order he wrote that declared the workers compensation statute unconstitutional. It is time for the appellate courts to match his courage.

SETTLED Nurse for $ 249,900

Written by Charles Leo on . Posted in Uncategorized

Longtime nurse for local hospital group with severe back injuries but able to work in the field. Great client who did everything right under the system, had returned to work, and had maximized his time improving his job skills while recovering. Employer decided to take a hard line and terminated claimant while he was recovering from his last surgery. Glad to see recovery for the client.

Our Constitutional challenge Certified as case of Great Public Importance!

Written by Charles Leo on . Posted in Uncategorized

The Florida Supreme Court docketed the Richardson case and labeled it “Of Great Public Importance”. Case number 14-738 was ordered to file our Initial Brief on 11/7/2014 after the Oral argument in the Castellanos case on 11/5/2014.

Retired Judge Richard Ervin helped write the challenge to the workers compensation fee caps. The insurance industry has used the fee caps as a weapon to suppress workers compensation claims while they pocket excess profits. The Initial brief was filed on 12/1/2014.

The data we put in the trial record conclusively proved the injustice of the rigid fee caps as they were used to confiscate the time, energy and talents of the claimant’s bar. The chilling effect of the fee caps caused a 60% drop in aggregate injury claims over a 10 year period, allowing the insurance industry to wage a war of attrition on the smaller claims. When a claim cannot be economically pursued, it makes the benefits given by the statute largely illusory and encourages wrongful denials by adjusters.

A level playing field will reduce litigation, because the law in it’s present form rewards insurance & employer lawyers for excessive litigation tactics against injured workers.

We are hopeful the Supreme Court will push back against the Legislative attacks on inherent judicial authority under a separation of powers approach that allows injured workers and their lawyers to be rewarded for their industry.

Won Summary Final Order against uninsured employer

Written by Charles Leo on . Posted in Uncategorized

Wealthy uninsured contractor decided to ignore subpeonas and court ordered mediations. The Court struck his defenses and awarded $65,000 worth of lost wages, medical treatment, and over $ 36,000 worth of attorney fees and costs. Although the prosecutor refused to charge the employer with the clear crime of failing to have WC insurance, the money collected will go a long way towards satisfaction.

Filed new Constitutional challenge for School principal

Written by Charles Leo on . Posted in Uncategorized

The adjuster in the trial had refused to offer a satisfactory doctor based upon the draconian medical provisions that the Special Interests had placed in the law. Appealed the Judge’s ruling where he was forced to follow the law as written, but used the Padgett case as part of the Constitutional challenge to ask for appellate relief from the abusive adjuster tactics. The adjuster deliberately offered doctors that he knew were unsatisfactory to the claimant just to force the injured worker to burn his onetime change. Hopefully, the appellate courts will realize how un-American it is to force workers to treat with bad doctors.