Florida Workers' Compensation Lawyer Blog

South Florida has a stunning number of illegal immigrants, many of whom are employed by unscrupulous employers in the most dangerous trades. These jobs include roofers, general laborers and landscapers. Not surprisingly, many South Florida illegal immigrants are hurt or even killed, while working for cheap wages in dangerous occupations.

The same employers who hire illegals, want it both ways and don't want responsibility for workers' compensation coverage in the event of an on the job accident. The First District Court of Appeals from Tallahassee has unequivocally ruled that the these illegals are certainly entitled to workers' compensation. In the case of HDV Construction v. Aragon, the Court made clear that illegal workers in Florida are a fact of life and that it would be unfair if the bill was borne by the general public, rather than the employer which benefited from the illegal labor.

Workers' compensation attorney and lawyer Randy Zeldin, Esq., applauds the decision of the First District Court of Appeals in the Aragon case. Illegal workers are human beings with the same needs as legal U.S. citizens, said Randy Zeldin, Esq., who represents injured workers in Pompano Beach, Deerfield Beach, Boca Raton, Delray Beach and Boynton Beach.

The Hon. Judith Pecko recently ordered the Broward Sheriff Office to pay workers' compensation benefits to one of its deputies, for an injury sustained in a motor vehicle accident. The case, Pulido v. Broward County Sheriff, Case No. 10-005599KSP, was litigated on behalf of the deputy, by Boca Raton workers' compensation attorney, Randy Zeldin, Esq.

In the case, Deputy Pulido, was a "floating" employee who could be assigned to one of several locations maintained by the Broward Sheriff's office during a given employment shift. On the night of the accident, Ms. Pulido was initially assigned to a location in Pompano Beach and before reaching the destination, was ordered by her supervisor to change direction and travel south to the main jail in downtown Ft. Lauderdale. En route on I-95, Ms. Pulido was involved in a motor vehicle accident and sustained injuries.

According to Deputy Pulido's Broward County workers' compensation attorney, Randy Zeldin, Esq., the Broward Sheriff Office took an "unreasonable and unjustifiable position" and denied all workers' compensation benefits, including lost wages and medical care. Ms. Pulido was forced to utilize sick leave and her major medical insurance.

Judge Judith Pecko rejected the positions of the Broward Sheriff Office. She ruled that Deputy Pulido was clearly engaged in employment at the time of her accident, serving the interests and needs of the Sheriff. The case is a victory for law enforcement officers throughout South Florida, who must risk their lives on the roadways while serving the community, according to Ft. Lauderdale workers' compensation attorney Randy Zeldin, Esq.

Continue reading "Broward Sheriff Office Ordered to Pay Deputy Workers' Compensation Benefits for Injuries Sustained In Motor Vehicle " »

Due to high unemployment, particularly in the construction trades, Florida workers' compensation carriers have seen a large drop in profits. As unemployment has soared, construction has virtually stopped in Palm Beach and Broward Counties. Many construction workers have left the State, seeking employment elsewhere. According to the
Insurance Information Institute, this has resulted in a dramatic drop in the need for workers' compensation insurance and a huge loss of profitability. The cost of workers' compensation insurance has dropped precipitously.

Continue reading "Florida Recession Bruises Workers' Compensation Carriers" »

Many injured workers in Broward and Palm Beach Counties, are afraid to pursue workers' compensation benefits, for fear of being fired. Boca Raton workers' compensation attorney Randy Zeldin, notes that many potential clients worry that they will lose their jobs if they hire a lawyer. In a new case, Ortega v. Engineering Systems Technology, Inc., the Florida District Court of Appeal affirmed well recognized law, prohibiting punishing of workers because they pursue workers' compensation benefits.

Continue reading "Illegal to Fire Worker Seeking Workers' Compensation Benefits" »

The workers' compensation and Social Security Disability law office of Randy Zeldin, is pleased to announce that Sangitha Palaniappa has joined the staff. "Sangi" as she is nicknamed, is pursuing studies in political science with the intent to earn a law degree. She brings her expertise to all facets of Randy Zeldin's law practice, which services all of Palm Beach and Broward Counties.

Ms. Palaniappa, is fluent in the Tamil and Spanish languages. She is an expert in Baharatnatyam dance.

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.

Florida law requires that any employer with 4 or more employees must purchase workers' compensation coverage. Despite the law, many employers fail to obtain the required coverage. The Florida Department of Financial Services, the enforcement arm of workers' compensation, conducted 27, 674 on-site investigations of employers during fiscal year 2008. Of those investigations, 2,518 employers were breaking the law and were ordered to cease operations until workers' compensation insurance was obtained.

Randy Zeldin, Esq., a workers' compensation attorney with offices in Ft. Lauderdale, West Palm Beach and Boca Raton, has seen many injured workers unable to collect workers' compensation benefits. If an employer has no coverage, it often means that they are not "solvent" and without assets. "You can't get blood from a stone" observes Randy Zeldin-no workers' compensation coverage often means no funds to pay injured workers.

Continue reading "Florida Epidemic of Employers Without Work Comp" »

Workers' compensation attorneys throughout South Florida have recently ranked all of the Judges of Compensation Claims. This first time "poll" is the thoughtful innovation of Chief Judge of Compensation Claims, David Langham. The results of the poll, show that a high percentage of the Judges of Compensation Claims throughout South Florida, are doing an excellent job. Some of the Judges with outstanding rankings include Mary D'Ambrosio, Timothy Basquill; Sylvia Medina-Shore and Daniel Lewis, among many others. Chief Judge Langham also received a well deserved excellent review.

Gov. Charlie Christ will have the opportunity to appoint two new workers' compensation judges in Gainesville and Jacksonville. Randy Zeldin, workers' compensation attorney of Boca Raton and Deerfield Beach, is confident that Gov. Christ will make quality appointments from the many distinguished candidates nominated by the Judicial Nominating Committee

There is ongoing talk that the Florida Legislature will meet in Special Session in January 2009, to consider changes to the existing workers' compensation laws. The Workers' Compensation Section of the Florida Bar, has met with Chief Financial Officer Alex Sink to urge that her office conduct a thorough examination of how the workers' compensation law has worked and what modifications should be considered.

In the 2008 Legislative Session, a sweeping bill was introduced by Sen. Alex Villalobos,
(Senate Bill No. 2548), which had some promising reforms. Unfortunately, the bill died in committee and was never considered by the Florida Legislature. One of the most important changes in the Villalobos bill, was regarding choice of physician. Currently, choice and control over the physician, except in managed care cases, is largely with the insurance carrier. The Villalobos bill would have guaranteed that an injured worker would have at least one doctor of his or her choice, as long as the physician was properly licensed and regulated. Randy Zeldin, Esq., with offices in Boca Raton and Pompano Beach, is optimistic that Gov. Christ will be supportive of workers' compensation reform.

The Florida Legislature radically reformed the workers' compensation law beginning October 2003. One of the most significant changes was the legal standard for proving that an injured worker could not return to work for life. This concept is called permanent and total disability. Specifically, the law was changed to deny permanent and total disability benefits to any worker physically capable of sedentary employment. This standard has made it so difficult to prove permanent and total disability, that only 33 cases have been successfully litigated since the law was changed!

Fortunately, the appellate courts have stepped in to give some relief to seriously injured workers. Two cases, Walmart v. Thompson and Ferrell Gas v. Childusers, have eased the burden. The judges reasoned that in addition to physical restrictions, the Judge of Compensation Claims can consider vocational testimony. That is, the Court can look at the aptitude, education, job experience and other measurements of an injured workers' ability to find and keep employment. Even if a worker could theoretically perform sedentary work, that doesn't mean that the injured could find, perform or keep such a job.

Continue reading "South Florida Injured Workers Eligible for Permanent and Total Disability" »

There is no doubt that South Florida workers are feeling the grips of recession. Florida's unemployment rate is 5.5%, compared to only 4.2% one year ago. That is a loss of 78,100 jobs. Palm Beach County has been the most impacted, with an unemployment rate of 6%, compared with 4.5% last year. Broward County's unemployment rate is similar.

What is the impact of recession and unemployment on workers' compensation claims? According to the National Council on Compensation Insurance, Inc. ("NCCI"), based on 50 years of data, Florida workers' compensation claims decline during recession. The reasons for this phenomenon are unclear, but it is believed to be due to a slower rate of new hiring and lower claims filing by workers who were not laid off.

In other words, during a recession, injured workers don't want to "rock the boat" and file a claim and hire a workers' compensation attorney. A poll of business executives called the Wausau Multiline Productivity Poll, recently concluded that 60% of respondents believed that they would save money on workers' compensation claims during the current recession!

Continue reading "Florida law prohibits punishing or terminating workers for seeking workers' compensation benefits" »

The Florida Supreme Court is poised to hand down an historic decision, which will have great impact on the benefits that injured Florida workers will get or not get. The case, Murray v. Mariners Health, will decide whether the Florida Judges of Compensation Claims can award attorney fees to injured workers, based on the number of hours the Claimant's attorney has spent litigating issues in the case. In the Murray case, the injured worker Ms. Murray was denied all benefits by her insurance carrier. After nearly 85 hours of litigation, the Judge of Compensation Claims ruled for Ms. Murray and she received all workers' compensation benefits to which she was entitled. Her diligent attorney however, was only awarded $684.84, which is equal to $8.11 per hour!

The Murray case is part of a trend I have seen in my 23 years of practice: smaller benefits for injured workers and small fees for the attorneys representing them. Unfortunately, the biggest blow to injured workers was the handiwork of former Gov. Jeb Bush and his Republican allies in the Florida Legislature who devastated the workers' compensation law beginning October 31, 2003. This law, known as Senate Bill 50A, heavily limited many rights and benefits of injured workers.

Continue reading "Florida Injured Workers in Hands of Florida Supreme Court" »