The Republican Establishment has chosen Willard Mitt Romney to lead its people to The Promised Land. It points to his success in making large sums of money as the primary qualifying factor for the selection. G-d chose Moses to lead the Jews to their Promised Land. Interestingly, what persuaded G-d…
Most freedom-loving Americans believe that intelligence, skill, character, and temperament are the most important qualities of a judge. Not so Florida Governor Rick Scott. Ideology is what matters most to this governor … right-wing ideology at that. In a blatant effort to subvert a free-acting judiciary, Governor Scott is seeking…
Doctor selection under the Defense Base Act and the Longshore and Harbor Workers Compensation Act (LHWCA) is crucial. It can make the difference between fairness and injustice. Through 42 U.S.C. 1651(a), the LHWCA is the substantive law for the Defense Base Act. Under the LHWCA, employers/insurance companies are required to…
Just as the Jones Act, the Federal law which governs personal injury cases involving seamen, relies on FELA, the Federal Employers Liability Act, established in the 19th century to protect railroad workers, for it’s substantive law, the Defense Base Act relies on the Longshore and Harbor Workers Act for its…
Arbitration has become the procedural remedy of choice for the business community in almost every type of civil dispute, from employment matters to nursing home negligence. Arbitration involves the resolution of civil disputes by a panel of costly private arbitrators rather than by government-paid judges and citizen jurors. If for…
Much was published in 2011 by The Miami Herald in its multi-part exposé, Neglected to Death – see this blog, Nursing Home/Assisted-Living Facility Negligence – Shame on Governor Scott and Florida Legislature, for links to some of the articles – with regard to the horrible conditions existing in many of…
Passengers and seamen seeking to be compensated by vessel owners for personal injuries must show that the accident was caused by a condition onboard which makes the vessel unseaworthy. (Employees may also seek compensation against their employers under the Jones Act.) Unseaworthiness is a modified negligence-based system, rather than one…
Insurance companies make money by paying out less in claims than they receive in premiums. As long as premium rates are fairly regulated, healthy competition exists within the industry to keep rates in check, and carriers operate in good faith with regard to the claim process, there is nothing wrong…
Two legislative sessions have passed since State Senator Chris Smith, a Democrat, whose District 29 encompasses parts of Broward and Palm counties, voted with Republicans to eliminate reasonable fees from the state’s workers’ compensation system for claimants’ attorneys. The purpose of the bill was to keep injured workers from being…
Florida Statute 440.205 is supposed to protect employees from being terminated for making workers’ compensation claims. Making a claim can be as simple as reporting an accident. It does not require the filing of a formal Petition for Benefits with DOAH. Proving a claim for wrongful termination can be difficult.…