Injured tow truck driver was threatened by his employer to drop his case, and than the WC adjuster refused to pay benefits for almost 10 months. After a trial where the employer and supervisor testified against the claimant, the Judge ruled that lost wages were payable for the bulk of the time the WC adjuster & employer had refused to follow the law. Injured worker found justice after a long fight through many hurdles as the employer tried to avoid their responsibility.

After a long fight, was able to settle a workers compensation case for 7 figures after a terrible back injury left injured worker with a spinal cord stimulator and inability to return to work.

The First District Court of Appeals showed some courage and backbone recently in the case of Castellanos. The panel of Padavano, Benton, & Van Nortwick affirmed the lower court but agreed that the questions regarding the Constitutionality of the Workers Compensation fee provisions should be decided by the Florida Supreme Court.

Castellanos is big news, because many in Florida have felt the First District Court of Appeals had been obstructionist by refusing to allow the constitutional challenge to make it through to the Florida Supreme Court. The Appellate courts are appointed by the Governor, and many thought they wouldn’t have the courage and backbone to do the right thing by the injured workers of Florida.

The politics of the Special Interests who run Florida are against the middle class protections that were built into the original workers compensation law in Chapter 440. HB 941 was passed in 2012 allowing the Special Interests to keep over 200 million dollars worth of excess profits earned by denying injured workers Access to Courts, so expect a huge push back from the corrupt against the Castellanos decision. HB 941 abolished the law that mandated excess profits be returned to policyholders.

Our present Appeal, cited as the companion case/similar case to Castellanos, is still at the 1st DCA being briefed. It will be interesting to see if the courage of the 1st DCA withstands the pressure of the Special Interests, as we are asking for similar reief in our case.

Charles Leo received confirmation today that he was recertifed for the 3rd time in Workers Compensation. Charles Leo has been continuosly Board Certified in Workers Compensation since 1998.

Board Certified Lawyers have met the Florida Bar’s highest standards for special knowledge, skills, proficiency, professionalism and ethics in the practice of law. No matter how much experience a lawyer may have in workers compensation law, only Board Certified Workers Compensation lawyers are allowed to identify themselves as specialists or experts in the area of law.

To become Board Certified, a lawyer is required to:
*practice law for at least 5 years
*devoted at least 30% of his time to the practice of Workers Compensation
*tried a minimum of 25 contested workers compensation cases
*been evaluated for competency, ethics, professionalism by judges & peers
*completed 45 hours of Continuing legal education
*passed a written examination demonstrating knowledge, skills and proficiency in the field of workers compensation law to justify the representation of special competence in this area of law to the legal profession and to the public.

Board Certification is valid for 5 years, during which time the attorney must continue to practice law and attend education courses. Recertification requirements are similar to the initial certification.

At any given time, approximately 220 lawyers in all of Florida are Board Certified in Workers Compensation, with less than half of those representing injured workers. Hire an expert for your Workers Compensation injury.

The panel of 3 Judges who struck the 104 week cap on Temporary Total disability has been reversed by the “en banc” ruling, where every 1st DCA judge has a vote on the issue. The en banc ruling puts the 104 week cap back in place, but closes the donut hole by allowing Permanent Total Disability benefits to be awarded once the 104 weeks runs out, regardless of MMI, as long as claimant is still totally disabled.

Although disappointed that the en banc didn’t uphold the original Constitutional ruling, seeing a window of fairness for workers who burn through their 104 weeks while trying to heal was positive.
The dissents were the most distressing, because they showed which Judges feel Legislative power is more important than protecting the Court’s own power to insure fairness in the laws passed by the Legislature. None of the sitting Judges on the First DCA were ever Board Certified in Workers Compensation, so their firsthand understanding of the employers & insurance companies’ scorched earth tactics during litigation is limited.