Florida Injury Victim Lawyer Blog

The Florida Supreme Court in the case of Emma Murray v. Mariner Health and ACE USA, No. SC07-244 ruled that Florida's Workers' Compensation Law allows injured workers to receive "reasonable attorney's fees" from the insurance carrier where the employer and its insurance carrier wrongfully deny benefits and the claimant prevails.

As a Florida attorney who represents injury victims in workers' compensation claims in Florida for more than 15 years I can say that this case represents a substantial victory for Florida's injured workers. Prior to the Supreme Court's ruling in this case Florida's lower courts held that an attorney representing an injured worker was only entitled to recover a small statutory percentage of the benefits paid to the claimant. However, the employers and their insurance carriers had no such restriction and they were able to pay their attorneys as much as they wanted. This not only encouraged the insurance carrier to wrongfully deny legitimate claims it encouraged insurance companies to not provide injured workers the much-needed benefits they are required to provide under Florida's Workers Compensation Laws.

Now injured workers will be placed on a more equal playing field with their employers and their insurance carriers since they will be able to obtain legal representation to help them fight their case in Florida's Workers Compensation Courts should an employer and their insurance carrier choose to wrongfully deny benefits to an injured worker. Additionally, insurance companies will be discouraged from wrongfully denying benefits to injured workers since they will be responsible for paying a reasonable attorney's fee to the injured worker in cases where they wrongfully deny benefits and the injured worker prevails.

Below is a copy of the Opinion issued by Florida's Supreme Court:

Continue reading " Florida's Supreme Court Rules in Favor of Injured Workers " »

Posted by James Payer | Permalink | Email This Post

Posted In: Workers' Compensation

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Florida's First District Court of Appeals in the case of Whitaker v. North American Tank Lines, Inc. ruled that where an employer/carrier defends a workers' compensation claims for temporary wage benefits based upon the defense that the claimant voluntarily limited his or her income the employer/carrier then has the burden of proving that at least one job existed within the injured worker's limitations.

In this case the injured worker attempted to return to work in his job as a tanker truck driver but due to the physical limitations caused by his workers compensation accident he was unable to perform the work assigned to him and the injured worker "voluntarily left his job."

Based upon the ruling in Myers v. Hillsborough County School Board, 911 So.2d 851 the court ruled that the voluntary limitation of income defense failed because the employer/carrier failed to prove that at least one job existed within the injured worker's limitations. For the same reason that defense failed in this case.

Posted by James Payer | Permalink | Email This Post

Posted In: Workers' Compensation

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The First District Court of Appeals in the State of Florida in the case of Palm Beach County School District v. Francis Ferrer ruled that an injured worker's voluntary dismissal of a petition for benefits prior to the scheduled final merits hearing triggers the provision under F.S. 440.34(3) in Florida's workers' compensation laws which states: "If any party should prevail in any proceedings before a judge of compensation claims or court, there shall be taxed against the non-prevailing party the reasonable costs of such proceedings, not to include attorneys fees."

Applying the plain meaning rule of statutory construction the court stated "the prevailing party is entitled to the reasonable costs incurred in the proceedings before the judge of compensation claims. Whether the dismissal was taken with or without prejudice has no bearing on this result." Citing Thornber v. City of Fort Walton Beach, 568 So.2d 914 (Fla. 1990) the court went on to state that "A defendant generally becomes the prevailing party when a plaintiff dismisses its action."

This case could potentially have a chilling effect on injured workers by discouraging them from filing claims against their employers and insurance carriers for workers' compensation benefits due to a fear of having to pay the costs of the defense should they not prevail. While I think this may be a valid fear there are ways to avoid this exposure such as entering into an agreement with the employer/carrier for each party to bear its own costs should a voluntary dismissal be necessary or the filing of a Notice of Dropping Party rather than a voluntary dismissal in the case where the wrong employer or insurance carrier is identified in the petition for benefit.

Posted by James Payer | Permalink | Email This Post

Posted In: Workers' Compensation

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A rollover accident on Interstate 95 in Hollywood ejected and killed the car's teenage driver early Wednesday, according to the Florida Highway Patrol.

The victim, a 17 year old, flipped a 2003 BMW 745-I on the northbound I-95 exit ramp to Hollywood Boulevard. She was not wearing a seat belt, FHP said.

While trying to get off the interstate, she veered to the right, striking a metal guardrail, and then back to the left. The car then hit a wall, veered into a second wall and flipped. The impact tossed the victim from the car, killing her at the scene.

As a Florida accident attorney I have represented many victims of Florida automobile and truck rollover accidents. These accidents can be caused by someone's negligence such as driving at excessive speed, driving while impaired, reckless driving, improper lane change or defective products such as tires or motor vehicles, to name a few. Unfortunately, due to the design of most vehicles on Florida's roads they are not able to sustain the excessive force applied to the roof of the vehicle when it rolls over. The roofs of the vehicles are frequently crushed during the accident causing the occupants to sustain severe injuries and even death. It is far too common to hear of occupants being "thrown from the vehicle." This can be due to the occupant's failure to wear a seat belt or possibly seat belt failure.

If you or one of your loved ones has been involved in a rollover accident or wrongful death automobile accident and are unsure about your legal rights you should contact an attorney. For your convenience the lawyers at the Payer Law Group are available for a free consultation at your home or office.

Posted by James Payer | Permalink | Email This Post

Posted In: Auto Accident

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A pair of teens on an all-terrain vehicle smashed into a tree in Baker County Monday afternoon and are in serious condition.

Neither of the boys had a helmet on in the 3 p.m. accident, according to the Florida Highway Patrol.

Michael Jewel, 17, of Sanderson was driving and Thomas Harvey, 17, of Glen St. Mary was the passenger. They were on Fredrick Raulerson Lane when they lost control of the ATV, the Highway Patrol said.

These types of ATV accidents highlight the dangers involved in riding on one of these powerful vehicles. While riding on an ATV can be a lot of fun it can also be very dangerous. Wearing a helmet while riding on an ATV is a necessary precaution and can help prevent serious injuries should an accident occur.

Let's hope these two boys make a full recovery.

News Source: The Florida Times-Union

Posted by James Payer | Permalink | Email This Post

Posted In: ATV Accident

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