Entries by Mark Lee

Lunch Time Accidents | Florida Workers’ Compensation

As a general rule, for an on the job injury to be covered under the Florida workers’ compensation act, it must (1) occur in the course and scope of employment and (2) “arise out of” the employment. One interesting scenario presents with lunch breaks and lunch time accidents. You may ask: how does the law treat lunch […]

Florida Workers Compensation Death Benefits

Florida Workers Compensation Death Benefits Injuries that occur on the job are always unfortunate. I think we can all agree the most unfortunate situation is the worker who suffers an injury with fatal consequences. It happens with some frequency here in Florida. For example, I did a quick search for “worker deaths in Florida” limited […]

Concurrent Employment: The Injured Worker With Two Jobs

Concurrent employment is something that comes up quite frequently in Florida workers’ compensation cases. As people have to work two jobs in order to make ends meet, this creates an unfortunate situation when an injury on one job prevents the injured worker from working at the second job. Correctly calculating the average weekly wage in […]

Preparing for your Social Security Disability Hearing

Preparing for your Social Security Disability Hearing The first and most important rule of any testimony at your Social Security Disability Hearing: TELL THE TRUTH. A claim for disability at its foundation is; an individual’s condition(s) limit his or her work activities to the point where they cannot do their past work or any other […]

Christopher Smith named to Super Lawyers list for 2015

Christopher Smith was named to the Super Lawyers list in 2015.  Super Lawyers is a rating service by Thompson Reuters of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations. Super Lawyers selects attorneys […]

Late Work Comp Checks and Penalties / Interest

This is a recurring issue in a large number of cases: late work comp checks. The first thing to understand is at what point is it “late”? Also, is it late because of delivery or mail issues? The general rule is the insurance company should have compensation checks postmarked by the last day of the pay […]

The Claimant’s Burden of Proof; The Causal Connection

A case was decided by the First DCA yesterday that highlights a fundamental concept in Florida workers’ compensation claims: a claimant bears the burden of proof to establish entitlement to benefits and a claimant has the burden to present expert medical evidence establishing a causal connection between the requested benefits and the compensable accident. Florida […]

Job Security and Being Out on Workers Comp

This is a question we get quite frequently: Can my employer terminate my position while I am out on workers comp? The scenario would be set up something like this: a roofer has an injury and is out for several months according to the opinion expressed by his or her authorized workers’ compensation physician. After […]

Statute of Limitations in Florida Workers’ Comp Cases

The statute of limitations in Florida workers’ comp cases applies to all workers’ compensation claims involving injuries after 1/1/94. Under the Florida Workers’ Compensation Act, there is an initial two-year statute of limitations, followed by a one year statute of limitations. The initial two-year statute of limitations requires the injured worker to either receive authorized […]

New Case on Cash Advances in Florida Work Comp Cases

A case came down from the First District Court of Appeal today that clarifies a timeliness issue when it comes to requests for cash advances in Florida Work Comp Cases. We have discussed Cash Advances in Florida Workers’ Compensation Cases in detail in a prior blog post. To order an advance, a Judge of Compensation […]