Many employers will argue that its managers are exempt from overtime under the FLSA executive exemption which excludes over time for" any employee employee and a bona fide executive...
Continue readingFlorida First Responders automatically assume that once they can show they are entitled to the Florida Heart/Lung Presumption they get Florida workers compensation benefits. Wrong! That is one of the first myths Florida workers' compensation attorneyr Nancy Cavey will discuss with you and how that myth impacts your rights to lost wages and medical treatment. You get the benefit of the presumption once you have shown the presumption actually applies. Then, the burden shifts to your employer to present evidence that rebuts or overcomes that presumption. One of the common defenses raised to First...
Continue readingSupplemental Security Income (SSI) is a disability program that is a needs-based program that takes into account your income and resources in determining your entitlement to Social Security Disability benefits....
Continue readingSocial Security can recoup overpayments until you die. Alternatively, they can stop your benefits, which means you’ll have to start all over again in the disability evaluation process and prove that you are disabled....
Continue readingIn theory, Workers’ Compensation is supposed to offer working Americans medical care and financial security in the event that they get hurt on the job. In reality, Workers’ Compensation has turned into a for-profit industry that is selling workers nothing more than a bill of goods. The end result is long delays, expenditure saving treatments that only fix the symptoms instead of the injury, and often the complete denial of benefits. A recent study by the Center for Justice and Democracy tells a disturbing story of the national decline of workers’ compensation due to...
Continue readingLet us say, for the sake of argument, that you are a construction worker. You go to the job site, clock in, and begin doing your job, just as you have every day since the building project began. Let us say, for the sake of argument, that due to the negligence of someone else on the job site, you receive a debilitating injury and are unable to go back to work, even after you heal from your injuries. You file your claim with the workers’ compensation company and receive your salary, and after some haggling and...
Continue readingThe Florida Legislature attempted to limit your ability to find a workers compensation attorney by limiting the payment of attorneys fees to Florida workers' compensation attorneys, like Nancy Cavey, when it rewrote the attorney fee provisions of 440.34 in the 2003 legislative session. Florida workers compensation attorneys, like Nancy Cavey, were paid attorneys fees if they successfully obtained workers compensation benefits at the expense of the workers' compensation carrier based on one of two methods...
Continue readingI recently read a blog post on the Epilepsy Foundation forum about Talitha who has applied for Social Security Disability and is frustrated with the Social Security Disability application process. She asked "How can I speed up the process to obtaining Social Security?"...
Continue readingTALLAHASSEE, FL (CompNewsNetwork) - —Investigators from the Department of Financial Services, Bureau of Workers’ Compensation Compliance, issued six Stop Work Orders (SWOs) during a surprise enforcement sweep last week of 39 contractor sites throughout Collier County. The SWOs were issued to contractors determined not to have workers’ compensation coverage for their employees. Dubbed Operation Check Point, the sweep also involved inspectors and investigators from Collier County Licensing, who issued 11 citations, and the Department of Business and Professional Regulation, who issued three citations and two Cease and Desist Orders, all for unlicensed ...
Continue readingA block buster case has expanded the reach of Florida First Responder Presumptions. In Butler v. City of Jacksonville, 33 Fla. L. Weekly T3 84 (January 31, 2008) firefighter Butler was diagnosed as having hypertension, which in turn, caused artheroscleorsis, which in turn, caused peripheral vascular disease (PVD). The First District held that because Mr. Butler was a firefighter, the Heart/Long bill found in section 112.18(1), excused him from "proving an occupational causation of a disease resulting in disability or death." The burden of proof is on the employer "to show by clear and convincing...
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