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Helping the Social Security Administration Award You Your Disability Benefits | Sarasota Disability Claim Application Lawyer

You can improve your chances of being awarded Social Security Disability benefits by providing full and detailed information regarding your medical treatment, including the names and addresses of the physicians who saw you, the dates of treatment, and the kind of medical treatment you received....

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Recent State Inspections Show Workers’ Comp System is Not Perfect

TALLAHASSEE, 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 ...

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Court Expands Florida First Responder Presumptions

A 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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Florida First Responder’s and Social Security Disability Benefits for Cardiac Claims

Florida First Responders may be entitled to Social Security Disability Benefits for Cardiac Claims if they have enough quarters of coverage and can meet the 5 step Social Security sequential evaluation process. At step 3 of the 5 step evaluation process, Social Security will look at Listing 4.0 Cardiovascular System which covers impairment from cardiovascular disease based on symptoms, physical signs, laboratory test abnormalities and response to therapy. Social Security wants to see longitudinal medical records that outline your treatment, therapy, response to treatment and your functional recovery. It is crucial that you explain...

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Pay and Investigate Rule and the Heart and Lung Presumptios

Florida statute 440.192(8) requires the employer carrier to pay and investigate while determining the compensability of a case. In Rushing v. Sumter Correctional Institute, OJCC No. 06- 025674JEM, correctional officer rushing was employed by for County Sheriff's office from 1993 until 2000. In July of 2000, he was hired by the State of Florida Department of Corrections. In 1997 he had a pacemaker surgically implanted and suffers from coronary artery disease, hypertension, and diabetes. Correctional officer Rushing claimed as of January 6, 2006, he was entitled to Florida workers' compensation benefits. F.S. Section 943.13 states that: "in order to...

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Florida First Responder’s and Chest Pain

Chest pain caused by cardiac disease can be the basis of a Florida workers' compensation claim. Nancy Cavey can help you understand your rights under the Heart and Lung Act. A the Mayo Clinic article about Chest Pain found here. explains there are two causes of chest pain -  cardiac  and non-cardiac. The cardiac causes are heart attack, angina and other causes. 1.  A heart attack is caused by a blood clot that blocks the blood flow to your heart muscle. 2.  Angina  is caused by artherosclerotic plaque which narrows the arteries that carries blood to your...

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What Every Florida First Responder Needs to Know About Hypertension

At Cavey and Barrett we represent many Florida First responder in thier workers' compensation claims who have hypertension. What is hypertension? Hypertension is a sustained elevation of the resting systolic blood pressure (140 mm Hg), diastolic blood pressure greater than 90 mm Hg or both. Hypertension with no known cause is called primary or essential hypertension. Hypertension with an identified cause is called secondary hypertension. This is usually secondary to a renal disorder.  Diagnosis of arterial hypertension is done by sphygmomanometry and treatment normally consists of lifestyle changes, diuretics, Bata blockers, ACE inhibitors, channel...

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