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Cardiac Case Law – Retroactive Application of Presumption

The First District Award of Appeal entered a great decision in Seminole County Sheriffs Office v. Johnson, 901 So2d. 342 (Fla. 1st DCA 2005).This case stands the proposition that the 2002 amendments to 112.18(1) which expanded the class of people entitled to the statutory presumption to include firefighters, law enforcement and correctional officers as statutorily defined applies retroactively without regard to the date of accident and injury.This means that the change was procedural and not substantive. As a result, the change in the statute applies to officer Johnson....

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Cardiac Case Law – Does the Presumption Apply to a Retired Firefighter?

No! In Smith v. City of Miami, 552 So2d. 245 (Fla. 1st DCA 1989), be First District Court of appeal ruled that the First Responder presumptions do not apply to a retired firefighter.The Court reasoned that a retired fireman did not meet the definition of section 112.191 (1)(b) which requires that a “fireman” be a “duly uniformed firemen.” Since he was retired, he was not a “duly uniformed firemen.”The lesson here is to consult with an experienced first responder attorney, like Nancy Cavey, so that you don’t retire prematurely and jeopardize your rights to First Responder workers’ compensation benefits....

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Cardiac Case Law – The Punsky Decision Update

The Carrier in the blockbuster Punsky decision, which gutted the Employer/Carrier’s favorite risk factor defense, has filed a Motion for Re-hearing asking the First District Court to change its mind. I doubt the court will agree but I will keep you updated.If you have questions about your First Responder Heart and Lung case or questions about your Florida workers’ compensation benefits, contact Nancy Cavey, a St. Petersburg board certified worker’s compensation lawyer who specializes in representing first responders....

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Florida First Responder Workers’ Compensation Benefits – Permanent Total

One of the most important Workers’ Compensation benefits you can claim is permanent total disability benefits. A claim for permanent total disability benefits for dates of accident after October 1, 2003 is based on whether you’re functional capacity for work is less than sedentary.It is important to determine your functional capacity as a first responder and your functional capacity to do less than sedentary work in the labor market. One of the ways to prove your functional capacity is to undergo exercise testing.There is a very important article from Circulation, a Journal of The American Heart Association on any assessment...

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If You Don’t File for Social Security Disability Benefits, You May Jeopardize Your Right to Long Term Disability Benefits

Most Long Term Disability policies require that you apply for Social Security Disability benefits. If you don’t, the Long Term Disability carrier will take the position that you are in fact, receiving Social Security Disability benefits and reduce your benefits accordingly.If there is a clause in your Long Term Disability policy that requires you to apply for Social Security Disability benefits you should immediately contact an experienced Long Term Disability and Social Security Disability attorney, such as Nancy Cavey, who can help you coordinate the application for those benefits and help develop the evidence that will get you both...

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A Blue Print for Overturning a Long Term Disability Denial of Benefits After Six Back Surgeries

Can you believe that a long term disability carrier could terminate long term disability benefits of a policy holder who had sciatica and six back surgeries? Having had lower back surgery, I know the severe pain that you can have with sciatica and herniated disc.    UNUM, as usual, had the claim reviewed by their physician and an “independent medical evaluator”. In Schuermann v. Unum Life insurance Company of America, 2010 US App Lexus 13716 (5th Circuit July 6th, 2010), the appellate court reserved Unum’s denial on the basis that the:Insurers’ company physician, on two occasions in his report, misinterpreted the employers...

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Massage Therapists and Long Term Disability Claims

The Law Offices of Nancy L. Cavey represents a self employed massage therapist who sustained a rotator cuff tear, which required numerous surgeries. Unfortunately, the long term disability carrier is denying his claim for benefits for many reasons. During the course of the claim, before they retained the services of Nancy Cavey, the adjuster asked that a statement be taken from the massage therapists, these questions included: “Please discuss their business; is their business still operation; it’s our understanding they have a partner, please discuss; do they go to their place of business; discuss their return to work plans; please also comment...

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Carpal Tunnel Syndrome and Your Rights to Long Term Disability Benefits

Carpal Tunnel Syndrome is a painful condition that is caused by the entrapment of a median nerve as it passes through part of your wrist called the carpal tunnel. This condition can case swelling of the hand and the wrist and it is not uncommon to see this condition develop as a result of keyboarding activities.Even prolonged exposure of the wrist to vibration can cause Carpal Tunnel Syndrome.People with diabetes, rheumatoid arthritis and other medical conditions can also develop Carpal Tunnel Syndrome.Carpal Tunnel Syndrome can be so painful that you are unable to do your own occupation particularly...

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The Long Term Disability Carrier Asked Me Where I Filled My Prescriptions… Why?

Q: The Long Term Disability Carrier asked me where I filled my prescriptions, why?A: Great question! Long term disability carriers have access to investigators who will canvas pharmacies near your home to determine whether or not you are getting your prescriptions filled and, what prescriptions you are getting filled. Since you've signed a medical release, they'll use your release to get that information. At The Law Offices of Nancy L. Cavey, we restrict our client's signature on medial releases to prevent this kind of abuse....

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