Trooper Ambroise is survived by two daughters, ages 3 months and 5 years, and his wife of 6 years, Roberta.

Trooper Ambroise is a graduate of Miami Edison high school and began his career with the Florida Highway Patrol in January of 2006. Although he and his family had moved to Miramar he and his family still attended church in Little Haiti, where he was raised, at Eden Seventh Day Adventist Church every Sunday where he sang with the Gospel group and worked as an elder to the church's youth.

The driver of the other vehicle was airlifted to Jackson Memorial Rider Trauma Center with serious injuries but was in stable condition on Sunday. No charges have been filed in the accident and it is still under investigation.

It is important to note that in an effort to reduce these type of accidents, in 2002 Florida passed the Move Over Law which requires drivers to slowdown or be one lane away from police, ambulances and tow truck drove drivers on the shoulder or side of the road.

This accident highlights the reason for the passage of the Move Over Law as well as the danger patrol officers put themselves in every day while attempting to keep the general public safe. We should all keep Trooper Ambroise in mind and slow move over or slow down the next time we see a patrol or other service vehicle on the side of one of Florida's roadways.

Historically, Florida courts required that the victim/plaintiff in slip and fall accidents prove the owner of the business knew about a hazard and did not do anything to correct the problem. But then in 2001the Supreme Court of Florida in the Owens v. Publix case, held that the presence of a liquid or unsafe substance on a floor showed that the owner of the establishment did not keep the premises safe for customers.

The new slip and fall law in Florida will in effect overturn the Owens v. Publix case and put the burden on slip and fall victims to show that the defendant knew or should have known of the unsafe material on the floor and should have corrected the problem. The bill gives two ways to prove knowledge: the length of time the substance was present or a regular re-occurrence of the condition.

In light of Florida's new slip and fall laws victims of slip and fall accidents in Florida should consult with a Florida attorney experienced in this area of the law. An experienced slip and fall attorney will help the injury victim overcome this more difficult burden. The attorneys at Payer Law Group have over 20 years experience representing victims of slip and fall accidents. Call 877-854-4442 today for your free consultation.

The construction worker, was employed by a subcontractor, Palatka Welding, which was reportedly working on the roof of the Epic Theaters, when he fell nearly 25-feet to his death. The incident reportedly occurred at 10 a.m. in the building, located on Central Avenue. Flagler County Sheriff’s Department officials responded to the scene of the tragic workplace accident and the construction worker, identified as 40-year-old Daniel Vance Caldwell, suffered fatal injuries and was pronounced dead at the scene.

Falls from roofs and falls at construction sites cause a high number of fatal injuries to workers in Florida and most could be prevented if the employer provides the proper fall prevention apparatus to workers. If you or a family member have been seriously injured as a result of a fall while working or while on a construction site and would like to discuss your legal rights call Payer Law Group at 877-854-4442 to have a free consultation with one of our attorneys.

Toyota has also recalled the following vehicles due to problems with the gas pedal sticking causing uncontrollable acceleration: 2005-2010 Toyota Avalon, 2007-2010 Toyota Camry, 2009-2010 Toyota Corolla, 2008-2010 Toyota Highlander, 2009-2010 Toyota Matrix, 2004-2010 Toyota Prius, 2009-2010 Toyota RAV4, 2008-2010 Toyota Sequoia, 2005-2010 Toyota Tacoma, 2007-2010 Toyota Tundra and 2009-2010 Toyota Venza.

If you drive one of these vehicles and experience any problems it is recommended that you stop using the vehicle and contact the nearest Toyota dealer for assistance.

If you or anyone in your family have been injured while in one of the above recalled vehicles please contact Payer Law Group or call 877-854-4442 for your free consultation to discuss your case.

Authorities say rescue crews responded to a 911 call about the electrocution Monday evening when they found three people on the ground not breathing.

Apparently the family was attempting to raise the antenna when they lost control of the pole and it came into contact with an overhead power line. The power line then sent 13,000 volts of electricity through the pole the three people were holding. The woman was pronounced dead at the scene. The father and son were taken to a hospital where they were pronounced dead.

This incident highlights the danger of power lines and the care with which we all need to act with when we are near these lines. Having handled many electrocution cases involving power lines I have personally seen the devastating injuries that can be caused in these types of accidents.

For your convenience I have included a copy of the opinion below.

FRANCESCA ENGLER v.

AMERICAN FRIENDS OF THE HEBREW UNIVERSITY and FIREMAN'S FUND INSURANCE, Case No. 1D08-4794

Claimant raises two issues: 1) the Judge of Compensation Claims (JCC) erred by finding Claimant’s compensable accident was “no longer” the major contributing cause (MCC) of her condition and need for treatment; and 2) the JCC erred by denying entitlement to medical treatment for injuries she previously found compensable. For the reasons explained below, we agree and reverse.

Claimant was in a work-related motor vehicle accident which Claimant asserted caused injuries to her cervical and thoracic spine, knees, and ankles, and either caused or aggravated her migraine headaches. The employer/carrier (E/C) asserted Claimant’s injuries were pre-existing. In her 2007 order, the JCC addressed Claimant’s prior accidents and pre-existing conditions, but ultimately accepted the opinion of Claimant’s expert that the 2004 compensable motor vehicle accident was the MCC of Claimant’s injuries, and awarded medical treatment for them.
Claimant subsequently filed additional petitions for benefits seeking, inter alia, authorization of the medical care previously awarded, but suspended by the E/C. During litigation, the E/C presented Claimant’s new treating doctors with records concerning her prior accidents and injuries that were not presented to either the medical experts or the JCC prior to the 2007 order. Based on these records, the doctors opined the compensable accident was not the MCC of Claimant’s injuries. The JCC accepted these opinions and denied entitlement to further medical treatment for the injuries she previously found compensable, finding the compensable accident was no longer the MCC of Claimant’s “condition” or need for treatment.

Relying on our decision in City of Ocoee v. Trimble, 929 So. 2d 687 (Fla. 1st DCA 2006), the JCC found res judicata did not apply, because the holding in that case distinguished between the concepts of compensability and a claimant’s entitlement to treatment or other benefits. While we did make this distinction in Trimble, the JCC misapplied it here.

Once compensability is established, an E/C can no longer contest that the accident is the MCC of the injuries at issue. It can only contest the connection between a claimant’s need for specific treatment or benefits, and the industrial accident.

Compounding this error was the fact that the opinions upon which the JCC relied in making this finding were, in turn, based on records that pre-dated the compensable accident, and could have been presented to the experts who testified prior to the 2007 merits hearing, and to the JCC before she issued her 2007 order. For reasons not clear from the record, the E/C failed to do so. The JCC’s reliance on this evidence effectively gave the E/C “another bite at the apple.” This was error. See Pigg v. Balderson, Inc., 951 So. 2d 914, 915 (Fla. 1st DCA 2007) (affirming JCC’s refusal to consider evidence that should have been presented at prior hearing where claimant sought permanent total disability benefits after order denying prior request for such benefits).

By failing to apply the doctrine of res judicata to the issue of the MCC of Claimant’s injuries, the JCC also erred by denying entitlement to treatment for those injuries she found compensable in her 2007 order. Accordingly, this matter is REVERSED and REMANDED for proceedings consistent with this opinion.

WOLF, KAHN, and VAN NORTWICK, JJ., CONCUR.

H.R. 635, the "National Commission on State Workers' Compensation Laws Act of 2009." The bill would create a commission tasked with evaluating the state-based workers' compensation insurance system and making recommendations for improvements to the system. This type of national review of the states workers' compensation systems is long overdue. Over the past 30 years the rights of this nation's workers, who are the backbone of our economy, has given way to the more powerful insurance lobby and its billions of dollars in annual profits. The benefits that injured workers receive after they are injured on the job has been whittled down to almost nothing while at the same time the profits of the giant workers compensation insurance companies have skyrocketed.

PIA National Government Affairs Committee Chairman Johnny Lee says that "Workers' compensation programs are regulated by the states, not the federal government. The federal government should not seek to interfere in a state-based and state-regulated system. This is a waste of time and taxpayers dollars." What Mr. Lee fails to state is the fact that the insurance lobby has been successful in obtaining laws in most states that favor insurance companies over injured workers and he does not want that to change since it will hurt the enormous profits of the insurance companies that his group represents.

Rep. Joe Baca (D-Calif.) introduced H.R. 635 on January 22, 2009. It was referred to the House Committee on Education and Labor. Identical legislation failed to advance in the House during the 110th Congress.

Under the proposal, the commission would be composed of 14 members, 10 of whom would be political appointees. The commission would have the authority to hold hearings, issue subpoenas, take testimony, and receive evidence. It would be required to make recommendations for improvements to the workers compensation system within 18 months.

It comes as no surprise that PIA supports the current state-based system of insurance regulation and opposes legislation that would transfer supervisory authority to the federal government and also opposes the National Insurance Consumer Protection Act of 2009 (H.R. 1880) by Reps. Ed Royce (R-Calif.) and Melissa Bean (D-Ill.).

Hopefully this national effort on behalf of workers will succeed and the rights of workers injured on the job will begin to be restored.

The victims killed in the crash include Sanford Jones, 56, of Fairburn, Georgia and Sasha Medina, 19, of Newnan, Georgia. Jones is the Chief Judge for the Fulton Co., Ga. Juvenile Court. Injured victims were identified as Sarah Conklin, 19 and Joshua Rumohr, 18 both of Newnan, Georgia. Each was transported to East Alabama Medical Center with non-life-threatening injuries. Authorities say the survivors called 911 and directed rescue personnel to the crash location. First responders were on the scene within 16 minutes of the crash.

The victims all knew each other from a church group. The teens had traveled by car to Destin, Florida and the judge was flying them back to Georgia when the accident occurred.

Investigators say the plane experienced engine trouble and the pilot radioed the Opelika-Auburn Airport for help. When the plane's engine quit two miles out from the airport the pilot started looking for a field to land in. The emergency landing was unsuccessful, however, as the plane clipped a patch of trees and nose dived into the ground. Lee County Coroner Bill Harris pronounced Jones and Medina dead at the scene. They suffered severe head trauma and multiple blunt force injuries.

The FAA and NTSB were on the scene investigating the crash.

"They bought the cheapest thing that they could get away with," said Mr. Woodson, a truck driver for the KBR contracting firm who lost his leg when his truck hit a roadside bomb in Iraq.

"Everything's been a struggle, a constant fight," said Woodson. "It's been hell since."

Woodson is covered by AIG under a government-mandated program that provides medical and disability benefits for employees working for U.S. contractors in Iraq and Afghanistan. AIG covers about 90 percent of the claims for overseas workers.

Woodson, who was injured in 2004 and is still in constant pain, says he was infuriated to see AIG executives receive huge bonuses, travel on private jets and be pampered at a California spa. "They're getting their bonuses but they fight you, they'll constantly fight in order to try to get you to give up," said Woodson.

Woodson is one of a number of injured contractors whose alleged difficulties with AIG were examined in the joint investigation. Despite theses complaints AIG has said that it strives to provide "quality" care. But their denial of benefits to the people who purchase and count on their insurance only helps the bottom line of the insurance giant while hurting the injury victim.

In Woodson's case, when his fuel truck hit the hidden bomb outside Baghdad, he was blown through the roof of his cab and thrown about a hundred feet away, also damaging his back and breaking his pelvis. Woodson says he was told by an AIG representative in the hospital that he would be fully covered by AIG, but that when he returned home, he quickly discovered AIG was prepared to challenge almost all of his medical needs.

AIG Refused to Buy Him a New Leg, Woodson Says "I've had to argue for everything, you constantly stay on the phone, writing letters, e-mailing, trying to get things to happen," Woodson said.

To cushion the impact on his injured back and pelvis, Woodsen asked AIG for a new plastic leg with a spring in the foot. "It was just so painful just to walk," Woodson said. He says AIG refused to buy him a new leg, which he says would have cost about $8,000. AIG also refused, he said, to provide him a water-proof leg so he could remain standing and take a shower.

U.S. military amputees are normally provided three different legs, to cover a full range of walking, showering and exercising. In the end, Woodson says he thinks it was pressure from his lawyer and Sen. Tom Coburn (R-OK) that forced AIG to finally provide an improved leg, with replacement parts, but not a new one as his doctor had ordered. Woodson's lawyer, Toby Cole, says he sees a pattern of AIG "delaying and denying" claims from contractors injured in Iraq and Afghanistan.

"We just have to make sure we have all our information before making a determination," said Florida Highway Patrol Lt. Gene Hingson, who said investigators could make a ruling within days.

Killed in the 4:18 a.m. crash was Aracely Mendoza, 23, of Miami, a passenger in a white 2005 Ford van that collided with a silver 2003 BMW in the southbound lanes of I-95 at Commercial Boulevard, authorities said.

The wreck shredded the entire front half of the BMW and tore into the front passenger side of the van where it appears that Ms. Mendoza was seated at the time of the crash. Police shut the busy highway for several hours, and thousands of drivers on their morning commute inched by heaps of crumpled metal and shattered glass.

The BMW's driver, Davydson Soares, 31, of Pompano Beach, was taken to Broward General Medical Center in serious condition but released Friday afternoon. Troopers said he was not wearing a seat belt.

Highway accidents caused by a driver going the wrong way are not rare, even on well-traveled, well-lit highways. An analysis of accident data found there were 166 fatal wrong-way crashes on divided highways in Florida from 2002 to 2007. At least 212 people were killed in those crashes and more than 250 injured.

The van's driver, Elba Matamoros, 39, and two passengers, Ponya Carrera, 24, and Ruby Castenerra, 29 — all Miami residents, were taken to Broward General Medical Center for treatment. They declined to speak with reporters as they left the hospital Friday afternoon in bandages.

Troopers are currently investigating whether either of the drivers had alcohol in their system at the time of the crash.

The argument is the result of a Florida Supreme Court decision in October relating to the amount of fees lawyers can earn on workers' comp cases. The ruling found that a lawyer representing an injured employee has a right to earn a ''reasonable'' rate for his work.

Sounds simple, but insurers and businesses say the ruling undoes changes to the law six years ago, including caps on lawyer fees, that helped bring rates down more than 60 percent.

Attorneys and workers advocates argue that the 2003 cap on lawyer fees limited the ability of some injured workers to find an attorney willing to take a case, which is usually done on contingency.

Businesses, convinced that attorney fees were the main reason for escalating insurance rates, want legislation restoring the order they favor.

''Absent a change, rates will begin to climb,'' says David Daniel, director of government relations for the Florida Chamber of Commerce. The chamber has made the workers' comp law one of the top issues on its legislative agenda this year.

$8 AN HOUR

In the case that went to the state's highest court, lawyer Brian Sutter was paid about $8 an hour for the 80 hours he spent working on the case of an injured nurse under the 2003 law's formula. The attorney for her employer was paid $150 an hour.

Sutter argued the fee disparity left workers with an unconstitutional disadvantage. The Supreme Court ruled that the law was unclear since it referred to ''reasonable'' fees while also laying out a fee structure.

A bill introduced by Rep. Anitere Flores, R-Miami-Dade, would strike the word ''reasonable'' from the law while retaining the same fee schedule for attorneys. A companion bill has been filed by Sen. Garrett S. Richter, a Republican from Naples who chairs the Senate Banking and Insurance committee.

Sen. Dan Gelber, D-Miami, has introduced another workers comp bill that would allow injured employers to chose their own attorney and fees wouldn't be limited. That's would reverse the current law.

Paul Anderson, an executive officer with the Florida Justice Association, which represents trial lawyers, had been negotiating with Tamela Perdue, chairwoman of the Workers' Compensation Coalition for Business & Industry. The groups were trying to reach a compromise that could be used to draft a bill that could win speedy approval.

TALKS BREAK OFF

But the talks broke off last week, said Anderson.

He said the trial bar, several workers' advocate groups and several unions continue to work with legislators on a bill with a rate structure that would compensate attorneys when taking on these cases.

Before the 2003 reforms, Florida had some of the highest workers' comp insurance rates in the country. Many insurers were reluctant to write policies in the state.

Since the law was changed, costs have dropped dramatically.

Taking the court decision into consideration, the Office of Insurance Regulation approved a 6.4 percent increase in workers' comp rates for this year. The National Council on Compensation Insurance had filed for an 8.9 percent hike.

OIR said the approved rate increase will add about $172 million in insurance costs for Florida employers. But, in combination with the 18.6 percent rate decrease that took effect Jan. 1, the net savings to Florida employers is still $438 million.

'Although it is still somewhat early to know for sure what the full impact of the Supreme Court's decision on workers' compensation rates will be, I felt it was necessary to approve this modest increase,'' said Commissioner McCarty.

Source: Beatrice Garcia, Miami Herald

The accident occurred shortly after they attended the opening of an art show in Naples where Robert Kirkpatrick’s work was displayed, said their son, Steve Kirkpatrick, also of Phoenix.

The Kirkpatricks’ Chevrolet Cobalt was hit by a Toyota Tacoma truck driven by Thomas Cypress, 54, according to a Florida Highway Patrol. Cypress was charged with two counts of DUI manslaughter Feb. 19, according to reports in the Miami Herald. His blood alcohol level was .249, three times the legal limit. He had three previous drunken driving arrests and a suspended license, the Miami Herald reported.

Robert Kirkpatrick retired about 10 years ago as chairman of the art department at Perry Hall High School, Steve Kirkpatrick said. Paulette Kirkpatrick retired from Perry Hall High School seven years ago as English department chair. She had also taught at Dulaney and Owings Mills high schools, he said.

The Kirkpatricks moved from Towson to the Summer Hill neighborhood of Phoenix in 1994. After retirement, Robert painted fulltime and Paulette was a Master Gardener with the state’s Cooperative Extension Service and a member of the Maryland Horticulture Society, her son said.

His parents were on their way to the Florida Keys following the art show, he said.

“They loved the outdoors and wanted to snorkel on the Keys,” Steve Kirkpatrick said. “They looked forward to hiking and seeing the birds and alligators.”

He said funeral arrangements are not completed, but will be with Ruck Funeral Home in Towson.

The Kirkpatricks are also survived by a daughter, Jennifer Kirkpatrick, of Halethorpe.

We can not help but ask why Thomas Cypress was still allowed to drive after having 3 prior DUI arrests as well as a suspended license? While an answer to this question will not bring back this couple nor negate the loss felt by their children and other family members it could prevent this type of needless accident from happening to someone else in the future.

News Source: Towson Times

Coupled with the effort for employees to seek freedom of choice “to form unions and bargain for a better life” is the effort to seek freedom to choice a medical provider in a work-related accident or occupational illness.

The effort has been supported by an interest group formed on Facebook, “Iowians for Workers Choice of Doctor.” “Because life is about more than just work...In Iowa, if you are injured on the job, employers can decide which doctor treats you. You choose what foods you eat and which exercises you do, but they can choose who is best to care for you.”

Iowa Senate Bill 1119 would allow injured workers to designate their choice of physician. “Too much has been made of how much this is going to cost a company and not enough on how this affects an individual and their personal lives,” said Democratic Sen. Bill Dotzler of Waterloo.

The vast majority of states allow workers the freedom to choose their own treating physicians. Studies have shown that employees who have the right to select their own physician have more confidence in their medical care and have a more successful recovery.

The delivery of medical services continues to be a major problem in the national network of workers’ compensation systems now in place since 1911. Federal initiatives for a national healthcare system are under consideration that would incorporate the entire workers’ compensation system’s medical delivery system.

The council found a strong correlation between the percent of uninsured motorists and the unemployment rate: An increase in the unemployment rate of one percentage point is associated with an increase in the uninsured motorist rate of more than three-quarters of a percentage point. Based on current unemployment rate projections, the IRC says the percentage of uninsured motorists is expected to rise from 13.8 in 2007 to 16.1 in 2010.

The group did not break down their uninsured projections by state. It did note that 23 percent of Florida motorists did not have liability insurance at the end of 2007, the fifth highest percentage in the nation. That figure, however, is actually down from 24.1 percent in 2005.

Florida’s auto insurance law requires every motorist to have Personal Injury Protection to pay their auto accident medical bills and those of passengers. Coverage to pay damage to the other driver's vehicle or property is also mandatory. However, Florida auto insurance law does not require liability coverage or coverage for damage to the driver's own vehicle.

As a Florida attorney representing accident victims for over 15 years I frequently see accidents with too little or even no insurance to compensate the victim for their personal injuries, loss income, or even the damage to their car. This can all be avoided if Florida's drivers get the coverage they need. Comprehensive/Collision coverage will cover property damage to your own vehicle regardless of the coverage or lack of coverage by the other driver. While Bodily Injury coverage will cover the injuries of the other person if you are at fault for the accident by simply adding under or uninsured motorist coverage you (the insured) will cover your own personal injury and lost wages if you are injured due to the negligence of another driver with little or no insurance. These coverages can usually be obtained at a reasonable cost and should be discussed with your insurance agent. In today's economic environment these additional coverages could prevent you from economic hardship or even collapse if you are involved in a car accident.

The Court held that one subcontractor was not liable in tort for the death/injury of the employee of another subcontractor. Interpreting F.S. 440.10(e) the court held that a subcontractor whose employee's negligence caused the injury or death of an employee of another subcontractor was entitled to workers' compensation immunity (aka "exclusiveness of liability under FS 440.11) unless the tortfeasor/subcontractor or contractor failed to secure workers' compensation coverage AND the subcontractor's own gross negligence was not the major contributing cause of the injury/death.

As a Florida attorney representing injury victims for over 15 years I am concerned that this decision will eliminate many claims that injury victims have had in the past against negligent companies and their employees without providing the injured worker any benefits. It is long been the law in Florida that employers who secure workers' compensation insurance coverage shall not be liable in tort to their employees who get injured on the job in return for providing them with workers' compensation benefits regardless of fault. That was a trade-off for the injured worker where [alleged] certainty and efficiency were given in exchange for potential recovery. However, extending these same immunities to subcontractors who have no obligation to provide the injured worker any workers compensation or other benefits is tantamount to "giving or getting something for nothing". This law provides nothing to the injured worker while providing a windfall to subcontractors who can act with near immunity to the employees of other subcontractors in the state of Florida.

All the attorneys at the Payer Law Group have been representing only injury and their families for over 15 years. If you or a loved one has been involved in a work place accident contact The Payer Law Group at 1-877-854-4442 for your free consultation with an attorney today.