The Oxford Dictionary defines peer review as “a judgment on a piece of scientific or other professional work by others working in the same area.” It is a commonly used procedure with a variety of scientific and medical matters. Florida’s workers’ compensation statutes are located in Chapter 440. Peer review…
The 7th Amendment to the United States Constitution, ratified in 1791, codifies the importance of jury trials in civil cases to the framework in the American Way. Here is the amendment’s simple language: In suits at common law, where the value in controversy shall exceed twenty dollars, the right of…
During every initial workers’ compensation client interview, I spend time explaining that Florida’s workers’ compensation system does not pay benefits for non-economic damages such as pain and suffering. Most people don’t know this. I reiterate the point during various stages of the case, especially as we approach settlement discussions. Nothing…
The competition to advance money to those injured in accidents is fierce. The reason for the fierce competition is the potentially high rate of return on the investment. Numerous companies, some large with a national presence, engage in the competition. Because their only security is the injury case itself (workers’…
Florida’s workers’ compensation system, located in Chapter 440 of the Florida Statutes, follows its own unique set of rules and procedures. One of the more unusual and challenging is the limitation set forth in section 440.13(5)(e) regarding who may provide expert medical opinions: No medical opinion other than the opinion…
Florida employers and their workers’ compensation insurance carriers, often referred to in combination as the “E/C,” are obligated under Florida Statute 440.13(2)(a) to “furnish to the employee such medically necessary remedial treatment, care, and attendance for such period as the nature of the injury or the process of recovery may…
Florida’s workers’ compensation system has its own unique set of laws. One of these concerns the burden claimants bear in establishing the compensability of injuries. Per section 440.09(1), Florida Statutes, the injury “must be established to a reasonable degree of medical certainty, based on objective relevant medical findings, and the…
The Seventh Amendment to the United States Constitution provides as follows: In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the…
It is the job of every injury lawyer to maximize the client’s recovery. Sometimes when a person is hurt at work, more than one remedy is available. Workers’ compensation is one remedy. Civil law is another. Florida’s workers’ compensation laws do not allow for the recovery of noneconomic damages such…
To defeat a negligent security claim arising from a violent crime, property owners and event organizers used to be able to hide behind the defense that nothing similar happened in the past. In a society buried in cellphone footage of violent crimes, juries are less inclined to give those who…