Florida Workers' Compensation Lawyer Blog

One of the problems facing injured workers in Florida, is the lack of control over medical care. In most instances, the workers' compensation insurance carrier has the right of selection of doctor. The injured worker is given one definite right to change care. This proposition was recently supported by the Courts, in the case of Providence Property v. Wilson.

Unfortunately, the claimant does not have an absolute right as to new physician substituting for the first physician. It can depend on many factors, such as whether a managed care arrangement is in place. Other factors can include the policy of the carrier, the individual adjustor or whether there is only one highly specialized physician available.

Many carriers are deliberately silent about the right to change care and don't usually inform the injured worker

Continue reading " Injured Workers Have Right to Change of Doctors " »

Posted by Randy Zeldin | Permalink | Email This Post

Posted In: Workers' Compensation

Bookmark:

Many clients contact Randy Zeldin, Boca Raton workers' compensation attorney, to inquire whether heart attacks are covered injuries. The answer is not simple. It is clear that if the heart attack was the result of a mental or nervous injury alone, they are not covered injuries. In a recent case, Speed v. Securities, the First District Court of Appeals required coverage for a heart attack, for a borderline injury. The worker was in an elevator which malfunctioned and dropped, causing the man to experience a 'stress response' and afterwards a heart attack.

The Court reasoned that this was not a mental or nervous injury, but a physical injury, which was at least 51% responsible for the heart attack. The insurance company did not present evidence to refute the claim. Contact Randy Zeldin, Esq., with offices in Boca Raton, Ft. Lauderdale and West Palm Beach, to discuss any issues you may face concerning a heart attack.

Posted by Randy Zeldin | Permalink | Email This Post

Posted In: Florida Workers' Compensation Occupations , Workers' Compensation Injuries , Workers' Compensation Litigation

Bookmark:

The fight will begin! The Florida Supreme Court recently ruled that workers' compensation attorneys are entitled to reasonable attorney fees for successful litigation. Within days of the ruling, the insurance industry sought record rate increases of over 18%, to offset what it alleges will be higher attorney fees. The National Council of Compensation Insurance made the request to Florida insurance regulators.

For the past five years, although workers' compensation premiums have gone down, insurance company profits for workers' compensation carriers have been excessive. According to the Florida's Consumer Advocate's Office, the rate increase should be denied and instead, the carriers can absorb any costs increases by a reduction in excessive profits. Randy Zeldin, Esq. a workers' compensation attorney in Boca Raton, Florida urges the Department of Insurance to reject any rate increases, so as not to harm Florida Employers, who are in the throes of a terrible recession

Posted by Randy Zeldin | Permalink | Email This Post

Posted In: Workers' Compensation , Workers' Compensation Attorney Fees

Bookmark: