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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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You Can’t Have It Your Way: Burger King, Tomatoes and Florida Workers

The average American probably couldn’t go a day without ingesting a tomato in one form or another. It’s in your salads, on your hamburgers, or even in the ketchup that you put on your French fries. Tomatoes are involved in most of the recipes in any Mexican or Italian restaurant. Since this vegetable is so ubiquitous to the American diet, you could reasonably assume that they must be grown in enormous quantities. And they are. In fact, thousands of tons of them are grown and harvested every year here in Florida. Those of you who ...

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If You Read Nothing Else, Please Read This!

All too often honest, hard working people are taken advantage of by unscrupulous employers. Maybe you have heard the stories about how employers have not paid a fair wage to their employees or no wages of all because the employee did not know their legal rights. You are going to learn things in the enclosed Special Report that your boss may not want you to know. The enclosed Special Report you requested is offered to you by the Law Office of Cavey and Barrett. The information is not offered as legal advice, nor does...

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SSD: Not Enough Judges, Too Much Backlog

A recent article in the New York Times has let the public know what we have known for years. The number of judges handling Social Security disability hearings is entirely too low. Delays in government bureaucracy are nothing new. Anyone who has had to take a trip to the DMV can testify to this fact. But at the DMV, all you have to worry about is a few wasted hours standing in line. With delays in disability hearing, real people are left in states of destitution and misery. According to the article, there are currently only 1,025...

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Big Insurance Doesn’t Mean Good Insurance

It has probably occurred to many of you that we aren’t exactly fond of massive insurance companies. This comes from decades of being in naturally adversarial relationships with their attorneys. After all, when you represent the injured, the argument usually comes down to insurers trying to pay as little as possible or nothing at all, while all we try to do is get what was promised to our clients in the first place. Enormous conglomerates like Allstate, State Farm, GEICO, Progressive and Nationwide are usually mentioned whenever you come across a “Top Ten Worst Insurance Companies” list in a consumer rights...

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What Every Doctor and Dentist Needs to Know About Disability | ERISA Disability Insurance: Don’t Buy the Wrong Policy

Physicians and dental disability insurance can help protect medical providers and their families in the case of injuries or unexpected circumstances. You and your family rely on your paycheck to pay bills, feed and clothe your family, and to provide a home and a lifestyle that have come to expect. There are a number of things that you should consider before choosing a disability insurance policy. At Cavey & Barrett, we recommend that physicians and dentists purchase private disability insurance policies instead of a policy through a group plan. You should consider the following: 1....

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Learn About Strokes: 5 Warning Signs

Only old people have strokes, right? Wrong. A recent study of 7,740 strokes showed that 45 percent of victims were younger than 65, and 27 percent were under 55. "Stroke is no longer an old-age affliction," says study author Timothy J. Wolf, who holds a doctorate in occupational therapy and teaches at the Washington University School of Medicine. "People in the prime of life now have more strokes than ever. A big reason is that a record number of Americans are overweight, says Dr. Salina Waddy, a stroke neurologist and the program director for...

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Voluntarily Resigning Your Job May Jeopardize Your Rights to Compensation Benefits

If you are a Florida first responder who has compensable industrial injury or losing in your wages before maximum procurement, you may be entitled to what is called temp or partial benefits. However, if your employer offers you a light duty job and you walk away from it, you may not be entitled to temp or partial benefits, a voluntary resignation doesn’t alone support a denial after resignation. The issue is going to be whether your refusal of employment was justifiable. If you are a first responder who has been offered a light duty job...

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