01 November

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Why Every Physician Seeking Disability Benefits Should Have a Disability Attorney

1. You need advice and assistance in completing your claim forms and other insurance company requests. Picking the right date of disability, making sure your disabling condition is covered and is not excluded by a pre-existing condition, determining your pre-disability earnings and accurately completing your application is key to the beginning of a successful claims process. You should never complete anything, answer phone calls, or written requests of the disability insurance carrier unless you have assistance. Each one of these contacts with a disability insurance company is an opportunity to destroy your ...

01 November

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Can I Make a Mistake on Your Long Term Disability Claim Even Before I Stop Practicing Orthopedic Medicine?

Posted by Nancy Cavey

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If you are an orthopedic physician an are having difficulty practicing orthopedic medicine, you should know you can make a huge mistake even before you stop working. Getting the right date of disability is cruicial before you file your orthopedic claim for long term disability benefits. You should immediately get a copy of your long term disability policy and read it. How does your policy define occupation? Some policies, including Northwestern Mutual policies, will define an occupation as the occupation that they were doing “at the time of disability”. There also may be specialty language...

01 November

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Why Every Medical Professional Should Have a Disability Claims Consultation Before Filing a Claim for Long Term Disability Benefits

Posted by Nancy Cavey

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There are many stumbling rocks in the disability process. Before a medical professional considers filing a claim for disability benefits, there is help available. You have a difficult decision to make about whether and when to apply for disability benefits and how to you maintain your practice as you move through the disability process. Disability claims advice should include the following: 1. A professional review of your disability policies, including business overhead policies, a written summary of your benefits and a potential problem errors as you move through the disability claims process. 2. An...

01 November

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Overtime Wages and Store Managers

Posted by Nancy Cavey

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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...

01 November

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

Posted by Nancy Cavey

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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...

01 November

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

Posted by Nancy Cavey

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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...

01 November

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

Posted by Nancy Cavey

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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...

01 November

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

Posted by Nancy Cavey

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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...

01 November

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Recent State Inspections Show Workers’ Comp System is Not Perfect

Posted by Nancy Cavey

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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 ...

01 November

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Court Expands Florida First Responder Presumptions

Posted by Nancy Cavey

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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...