A woman who was severely injured while working for a well known food service and uniform company was refused benefits by the Workers Compensation carrier. Despite winning Social Security Disability for the woman as a result of the severe injury, the Employer and Insurance company refused to pay Temporary Total disability for several months, even though the Doctor they authorized took the woman totally out of work. At the trial, the employer finally agreed to pay the remaining benefits owed under the law while boosting her weekly pay by over $ 100.00 per week. Penalties and interest were also assessed against the Employer/Ins. for the delay and late payment. Glad to see some justice served.
Longtime worker for local AC company had blown out his shoulder. After settling the Workers Compensation aspect for close to $200,000.00 dollars, we were able to go back and get him approved for Social Security Disability after several denials. The hearings were in Orlando for both cases. Happy to see financial security and medical benefits for a great guy dealt a tough hand by a Workers Compensation injury.
Last week we were successful in obtaining Social Security Disability for a client with an ongoing Workers Compensation case. The woman and mother had a relatively minor injury, but the surgery left her with nerve damage and Relex Sympathetic Dystrophy, a terrible nerve disorder that can progress to all parts of the nervous system.
Very happy to at least give her the safety net of Social Security as a backup to her Workers Compensation benefits. RSD is a very complex attack on the body’s nervous system and can be crippling. If you are sufferring from RSD after trauma, or suspect you are more injured than the doctors are letting on, please contact our office for a free consultation.
After the Jacobsen case referred to the potential criminal liability of insurance lawyers for violating 440.105 3 c and 440.105 4 e, the Special Interests in Tallahassee who control the Legislative process are moving to protect Insurance lawyers and the Judges from Criminal liability.
The Florida Workers Compensation Law, Chapter 440, was written by the Insurance Industry. The Insurance & Employer Lobbyists than donated heavily to their elected lapdogs in the Legislature who passed the law almost verbatim. While Florida was distracted by the 2003 Special Session called by JEB Bush over Terry Schiavo, JEB and his cohorts slipped the terrible new Workers Compensation Law past Floridians. The Courts are now forced to admit that the law is unconstitutional, but every time a portion is struck down by the Courts, Corruption reigns supreme and the language is tweaked to keep the Special Interests happy.
Floridians cannot sleep through another attack on their Constitutional rights. Since the JEB Bush attacks were passed in 2003, the overall claims filed for injured workers has dropped from over 150,000 to 61,000. The 60% decline is directly related to the erosion of the injured Workers Rights and the unconstitutional limitations unilaterally applied against workers and their lawyers. Not surprisingly, the Legislature passed HB 941 last year, allowing EXCESS profits for workers compensation insurance companies.
The First District Court of Appeals in Tallahassee seems to have had an epiphany and has declared portions of the Workers Compensation law as amended to be unconstitutional.
WESTPHAL CASE: The law was written to cap temporary total lost wages that injured workers can receive at 104 weeks after the insurance companies lobbied and donated to the Legislature. The Court was faced with a worker who was not recovered from their original injury after 104 weeks were paid and required additional remedial treatment. Court held that the limitation was unwarranted, and reverted back to the last Law limitation of 260 weeks. THIS was a blow to the insurance companies, who have requested and received an “en banc” rehearing, so decision not yet final.
JACOBSEN CASE: Court held that 440.105 (3) (c) is unconstitutional under the Federal Constitution and State Constitution. Left open was whether employer/insurance attorneys must now get their own fees approved by JCC. Claimants can now file criminal complaints against insurance lawyers under strict reading of 440.105(3)(c), it will be interesting to see how the JCCs react to the criminal behavior alluded to in Jacobsen. As it now stands, the JCCs have been unilaterally applying the statute to Claimant Lawyers, despite the plain language of the statute that reads to apply to ALL lawyer fees.