Cory Fairbanks Mazda/Gary Yeomans have added insult to injury by appealing the Order of the Court awarding lost wages to their longtime employee.

The Order of the WC trial court followed the unemployment decision that was part of the record. Instead of finally paying the benefits that were awarded to their ex-employee by 2 separate trial courts, Cory Fairbanks Mazda has chosen to delay responsibility by filing an appeal of the WC decision.

An appeal when there is CSE(competent & substantial evidence) supporting the trial court’s decision is more of a “Hail Mary” longshot which adds up to 2 years of delay to finally paying the woman her well- deserved lost wages if the order is upheld. The upside is that Cory Fairbanks Mazda/Gary Yeomans will have to pay penalties, interest and more attorneys fees for the delay if they lose.  In light of the two trials, it is conceivable that Cory Fairbanks Mazda/Gary Yeomans will pay more in appellate costs & attorneys fees than the actual amount under appeal.

An appeal of such a clear CSE Order may be legal, but will cause more harm to the former loyal employee as she waits longer for her lost wages. The perception of continued abuse of process against the injured ex-employee will be hard to shake for Cory Fairbanks Mazda & Gary Yeomans.   Whether or not the decision rises to the level of an Aguilera action has yet to be determined.

On a separate note, Cory Fairbanks Mazda was recently cited by the Federal Trade Commission for false advertising. Not much to add, the FTC’s actions speak for themselves against Cory Fairbanks Mazda.

 

After a long fight and two trials, Judge ruled in injured worker’s favor. The Employer, Cory Fairbanks Mazda, had injured the worker when her supervisor hit her twice with a door, herniating discs and causing headaches. Cory Fairbanks Mazda fired the poor injured worker rather than the supervisor who caused the 2 separate injuries, and tried to deny lost wages.

Despite the enormous sums spent by Cory Fairbanks and their insurance carrier against the former employee, the injured worker was able to prevail.

What was sad was that the Unemployment judge had already ruled for the claimant a year before on the same grounds when she found “no misconduct to justify termination”. Losing the unemployment hearing wasn’t enough for Cory Fairbanks, they also tried to deny workers compensation wages.

The claimant waited another year until the workers compensation Trial Order today. Big Victory for a well-deserving claimant who didn’t deserve the abuse. Cory Fairbanks really showed their true colors with how they treated this longtime employee. The sheer animosity shown a 13 year employee was over the top. Supervisors Ault & Rhoads testified at trial against the longtime employee. A lot of time, money, and expense would have been saved if they had just treated the injured worker with some decency and compassion.

Gary Yeomans was the owner/partner who made the ultimate call and testified live against the injured worker. Yeomans is a millionaire with ownership interests in several dealerships in Central Florida, but the “everyman/injured worker” was able to stand up for herself against all the money and win based on the truth. Cory Fairbanks dug a line in the sand and went to war against one of their most loyal workers. Justice prevailed, maybe next time Gary Yeomans & Cory Fairbanks will think twice about treating one of their own so harshly.

Claimant was injured when a tub he was carrying slipped and knocked him down a flight of stairs. After getting Social Security Disability for the client, the insurance company was forced to accept the seriousness of the injuries, even though no surgery was required. Client was finally able to buy his own home, after being homeless at points during the workers compensation litigation. Helping him made a difference in his life and ours.

In a head scratcher, the federal government had denied the client benefits despite a confirmed tumor. After many filings, and getting the right forms filled out for the client by the cancer surgeon, we were able to get the benefits awarded without a hearing. Client grateful, it was tough for him to worry about testifying while undergoing cancer treatment. Glad we were able to get benefits so quickly.

Sometimes, a hug is payment enough. Our client hired us to pursue workers compensation for his continuing back complaints. We refused a settlement offer and forced the employer too authorize an MRI and orthopedic evaluation. The client learned through the tests that he had a tumor on his spine causing his pain. We put his workers compensation litigation on hold and forced him to get the emergency surgery that saved him from paralysis. We have now settled his workers compensation case, and although it wasn’t a lot of money, his gratitude for our help was heartfelt. Even the staff got teary eyed when he explained what it meant to have our help. Helping people is first and foremost in our approach to our clients, glad for the hug.