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Cardiac Case Law – Do I Have to Be Disabled to Benefit from the Presumption?

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 a presumption was not applicable since the first Responder was not disabled. As of October 1, 2003, section 440.151(3) defined “disability” as “the incapacity because of injury to are in the same or any other employment the wages which the employee was receiving at the time of...

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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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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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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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Long Term Disability | Peace of Mind | St. Petersburg Disability Attorney

Nancy Cavey on YouTube St. Petersburg | Tampa Bay Florida Disability Attorney Nancy Cavey Talks about: Collecting benefits from long term disability insurance companies is stressful, difficult and emotionally challenging because, after all, you are disabled. If you are filing a claim, contact Nancy Cavey at caveylaw.com or call 727.894.3188....

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Depression and Your Rights to Social Security Disability Benefits

If you are suffering from depression, you may be entitled to Social Security Disability benefits. The Social Security Administration uses a five step sequential evaluation to determine entitlement to every claim for Social Security Disability benefits but, a claim for depression is different. If you are suffering from depression and are unable to work, you must prove the following: 1. Your depression must prevent you from doing any kind of work for at least twelve months. 2. Your depression must be considered severe. 3. You must meet a listing under the Social Security Administration rules for depression. If you don’t, as most people don’t, you...

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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 if your...

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