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First Responders Wrongfully Denied Florida Workers’s Compensation Benefits Based on Risk Factor Defense

Florida 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...

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Filing a Workers’ Comp Claim? It Pays to be Organized

In 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...

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“Horizontal Immunity:” A New Hurdle for Injured Florida Workers

Let 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...

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The Emma Murray Decision and Your Rights to Florida Workers’ Compensation Benefits

The 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...

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Confessions of a Construction Site Manager

Authors note: Justin R. is a project manager for a mid-size construction company that operates in and around Washington D.C. His company focuses mainly on the construction of housing developments and condominiums, and as of late, business has been booming. Northern Virginia and Southern Maryland are both experiencing influxes of population, and the need for housing has become a priority. I met Justin through a mutual friend at a dinner party, and as the evening progressed our conversation turned towards our respective occupations. As a longtime resident of Northern Virginia, I was ...

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