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Florida Injury Attorney Blawg

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The Perfect Storm — Drastic Changes Likely in Florida’s Workers’ Compensation System

Since at least 2002, when Jeb Bush and a super-majority of Republicans passed legislation eliminating important workers’ rights, Florida’s workers’ compensation system has been unfair and unbalanced. One circuit court judge has declared it unconstitutional — Florida’s Workers’ Compensation System Unconstitutional, So Says 11th Circuit Court Judge Jorge Cueto. The…

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There She Goes Again — Pam Bondi, Florida’s Attorney General, Appeals Workers’ Compensation Ruling

Once again Pam Bondi, Florida’s Teabagging Attorney General, has decided to waste the taxpayer’s money on another anti-decency crusade. Consistent with her opposition to Gay marriage, government in the Sunshine, the Affordable Care Act, and medical marijuana, the twice-divorced Attorney General has chosen to appeal the August 13, 2014 ruling…

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Florida Medical Malpractice Law: Exceptions to Non-Liability of Hospitals for the Medical Negligence of Independent Contractors

Most people are surprised to learn that most hospital emergency room physicians are not hospital employees. Instead, they are independent contractors. “An independent contractor is a natural person, business, or corporation that provides goods or services to another entity under terms specified in a contract or within a verbal agreement.…

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Florida Personal Injury Law: Non-Delegable Duty Creates Joint & Several Liability

By amending §768.81 Florida Statues, the Florida Legislature eliminated, effective 2006, the application of joint and several liability in most personal injury cases. Under the joint and several doctrine, in cases involving multiple defendants each negligent defendant was wholly responsible financially for the negligence of every other defendant. This concept…

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Florida’s Workers’ Compensation System Unconstitutional, So Says 11th Circuit Court Judge Jorge Cueto

In 1935, Florida first enacted a workers’ compensation system for the state’s employers and employees. The idea was to provide a greater degree of fairness and certainty for each. The primary advantage for employers was the immunity from most personal injury lawsuits, making it easier to anticipate expenses, while employees…

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Personal Injury Lawyers Should Take Medicare Liens Seriously

There was a time when few personal injury lawyers gave a moments thought to satisfying liens when wrapping up personal injury cases. Medicare liens, most especially. Woe is the fate of the personal injury lawyer who operates that way today. Medicare is a federal program that provides medical insurance to…

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Tablo Sivivan Lanmò Abizif nan Florid – Retounen pa Demann Popilè

Se difisil pou konprann kiles ki ka kalifye pou konpansasyon anba “Lalwa Sivivan Lanmò Abizif nan Florid,” seksyon 768.16 jiska 768.26; se tankou konplete yon devinèt. Anba gen yon tablo ki fasil a konprann ki montre enfòmasyon sa a epi ki kalite konpansasyon ki ka disponib. En patikilye, seksyon 768.21…

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Èske Aksyon èkstrèm dwat Jeb Bush se bagay kap kraze sistèm konpansasyon pou anplwaye ki andomaje nan Eta Florid la?

Moun ki andomaje nan travay ap fè fas ak yon gwo pwoblèm sou zafè dwa yo genyen anba sistèm konpansasyon pou anplwaye ki andomaje nan travay nan Florid depi kòmansman’l nan ane 1935. Kèk nan peryòd sa yo te pi mal pase kèk lòt. Sepandan, pa gen yonn ki te…

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Will Jeb Bush/Right-Wing Extremism be the Straw that Breaks the Back of Florida’s Workers’ Compensation System?

Injured workers have experienced a steady erosion of their rights under Florida’s workers’ compensation system since its inception in 1935. Some periods have seen greater losses than others. None, however, were as ugly as the Jeb Bush years, when he served as the 43rd Governor of Florida from 1999 to…

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