A long term disability carrier will normally provide you with a “legal representative” that they hire. Did you know that the representative might not be an attorney; they might be a part of a nationwide company? The long term disability company is going to entice you to use their representative, with the suggestion that this […]
The Florida Supreme Court entered a blockbuster decision on October 23, 2008 on the Florida workers’ compensation attorney’s fees provisions of the 2003 Florida workers’ compensation statute in Emma Murray v. Mariner Health, 33 Fla. L. Weekly S845. Click to read the decision. The decision is important to all Florida first responders! The Florida legislature
Just because you are covered by the Florida Heart and Lung Act, does not mean you get benefits. You have to be disabled! OK, but HOW long do you have to be out to meet the disability standard? In an awful decision in Bivens v. City of Lakeland, 33 Fla.L. Weekly D2342b (October 2, 2008),
In an awful decision, Bivens v. City of Lakeland, 33 Fla. L. Weekly D2342b (October 2, 2008), firefighter Bivens claimed workers’ compensation benefits arguing that his hypertension was a covered condition under the statutory provisions of section 112.18(1). The First District ruled that essential hypertension was not a form of hypertension covered by Section 112.18(1).
Essential Hypertension is NOT Covered by the Heart and Lung Presumption Read More »
The First District Court of Appeal has held in two cases that you must be disabled for the presumption to apply. In Sheaffer v. City of Kissimmee, 942 So2d. 887 (Fla. 1st DCA 2006) and in Miller v. City of Del Ray Beach Police Department, 31 FLW D465 (Fla. 1st DCA 2006) record ruled that
Cardiac Case Law – Do I Have to Be Disabled to Benefit from the Presumption? Read More »
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
Cardiac Case Law – Retroactive Application of Presumption Read More »
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
Cardiac Case Law – Does the Presumption Apply to a Retired Firefighter? Read More »
It is not uncommon for disability insurance companies to cherry pick medical records and pick out on the medical records those things which they believe supports a delay or disability claims denial. At The Law Offices of Nancy L. Cavey, your Florida disability attorneys, we think it’s important that your medical records document any side
Disability Claims And The Side Effects Of Medication Read More »
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
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