The First District Court of Appeals in Tallahassee seems to have had an epiphany and has declared portions of the Workers Compensation law as amended to be unconstitutional.

WESTPHAL CASE: The law was written to cap temporary total lost wages that injured workers can receive at 104 weeks after the insurance companies lobbied and donated to the Legislature. The Court was faced with a worker who was not recovered from their original injury after 104 weeks were paid and required additional remedial treatment. Court held that the limitation was unwarranted, and reverted back to the last Law limitation of 260 weeks. THIS was a blow to the insurance companies, who have requested and received an “en banc” rehearing, so decision not yet final.

JACOBSEN CASE: Court held that 440.105 (3) (c) is unconstitutional under the Federal Constitution and State Constitution. Left open was whether employer/insurance attorneys must now get their own fees approved by JCC. Claimants can now file criminal complaints against insurance lawyers under strict reading of 440.105(3)(c), it will be interesting to see how the JCCs react to the criminal behavior alluded to in Jacobsen. As it now stands, the JCCs have been unilaterally applying the statute to Claimant Lawyers, despite the plain language of the statute that reads to apply to ALL lawyer fees.

Theme park worker with multiple injuries. Originally settled the lost wage portion of her claim for $ 150,000. Settled her medical after Social Security approvel for $ 289,000. Claimant received total of over $ 439,000 worth of settlements and benefits after hiring the Law Offices of Charles H. Leo, PA. If you are on Social Security Disability and Workers Compensation, there are very complex issues involved, hire a Board Certified expert to help you maximize your recovery.

In course of Workers Compensation claim, had to defend a fraud allegation by employer and insurance carrier against claimant. After much litigation, we were able to resolve the issue and settle the case. BEWARE of everything you say to not only the insurance adjuster, but also the Nurse Case Managers and the Doctors themselves. An insurance Dr. lied and claimed the claimant had never told the doctor about the preexisting treatment he had received. We were able to find the written intake sheet where the treatment was mentioned. However, the insurance company and the employer used the doctor’s lie to deny benefits until resolved. Please pay attention to everything asked of you, even the doctors, because it only takes a small mistake to have the employer attack an inured worker.

Claimant had hand injury as original injury at work. Unfortunately, was diagnosed with Reflex Sympathetic Dystrophy, a progressive nerve disorder that led to claimant being wheelchair bound and hearing loss. After litigation, insurance carrier paid $ 700,000 to injured worker.

Injured worker in serious MVA on the job, knee and head injuries. After winning a knee surgery and wage increase after litigation, claimant eventually settled for $ 225,000 with Workers Compensation carrier.