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Don Paul Harvey
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Don Harvey’s Answers

730 total


  • How can an individual who was injured on the job get FMLA instead of Worker's Comp?

    Someone I know was injured on the job and was seen by their primary doctor who believes the person is suffering from a herniated disk. When the company was informed about this they immediately filed a w/c case and instructed the individual to get ...

    Don’s Answer

    FMLA is non WC specific, so that is always an option. That said, if it is WC and you want to pursue the same, you are stuck going to WC doctors. You really should call a WC attorney for a consultation. These issues are far too common these days. Use the Find a Lawyer tab above to assist you.

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  • Do I have exactly 24 hours to vacate the premises in the state of Florida? Eviction 24 hours posted on Thursday..

    I received 24 hrs notice posted on my door. Do I have 1 full business day or not? What's the definite law for the State of Florida?

    Don’s Answer

    Sounds like you are on the tail end of an eviction proceeding have been served with a Writ for Possession by the Sheriff's office. If that's the case, yes, you will have to leave or they will remove you.

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  • Can I get personally sued for motor vehicle property damage when I was uninsured at the time?

    I was in an auto accident last year and let my insurance lapse beforehand. I was going straight when someone was backing out of their house that lines the street. I swerved into the left lane to avoid the car and ended up sideswiping another vehic...

    Don’s Answer

    No insurance does not equate to no liability. Yes, you can be sued. You should retain counsel to assist.

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  • . If a worker is under the influence (determined by a paramed exam), can they still get awarded workmens compensation?

    They have either taken medication, alcohol or another substance, hurt themselves or another person

    Don’s Answer

    The E/C/SA must prove it was a drug free work place and the intoxication actually led to the accident and your injuries.. Not enough facts are known to know how the accident happened. If I was just doing my job and say a forklift operator just drove right into me, I'd still likely get WC in Florida despite my drug tests being positive if there were no warnings and my back was turned to the forklift at the time of impact.. Call an attorney to discuss the specifics of your case.

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  • Legal Question. Thank You.

    If a person does not have insurance in defending a dog bite claim (but is wealthy), what is the average "estimated" costs/fees they should plan for all aspects of their defense if 1) If it settled before going to court/trial 2) If it "did not" set...

    Don’s Answer

    The one thing I have learned in over 20 years of litigation, there is no one answer to a question like this one.

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  • Personal Injury Question-Thanks

    Personal Injury: I own my own business as a sole proprietor without any employees. I was injured by a neighbor in a rope burn type situation that caused a visible lower leg scar (seen from about 10+feet away). I have a witness to the incident. I w...

    Don’s Answer

    Potentially yes, you could possibly get a judgment to include economic and non-economic damages if you can establish liability, but the question is how much based on your actual economic damages and more importantly actually then collecting on a judgment.

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  • What does a personal representative have control of if the original representative is deceased?

    My dad has a settlement but passed before it was distribute to him I received a letter telling me to sign to give my aunt authorization to represent his case but i don't understand why she has to be in control of the claim if all of his kids as be...

    Don’s Answer

    Contact a Probate Attorney today to fill in some of the missing information to give you better advice. As pointed out, it sounds like the Aunt wants to take on the role of PR for some particular reason. In any event do not sign or agree to anything until you have consulted with an attorney and understand your rights.

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  • Divorce & Workers Comp Settlement

    Short background; husband and I have been married for three years, together for 9. Relationship has been rocky for many months. Husband has been talking about moving out (no mention of divorce yet) as soon as he is financially able. Husband has ...

    Don’s Answer

    This one is best answered by a family law attorney. Use the Find a Lawyer tab above to help locate one for a consultation in your area.

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  • When will I receive my settlement check?

    I settled a injury work related case, signed my release forms on 7/20/15 and it's now 8/10/25 how long does this process usually take? others have received a check with in 1-2weeks

    Don’s Answer

    As pointed out, your lawyer would be the best one to advise you. If the Judge signed the order, by statute they have 14 days, but usually by stipulation the carrier's extend this 30 days. If you want to find out if your washout has been approved and when, try case search at http://www.jcc.state.fl.us/jcc/.

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  • My wallet was stolen from a convenience store, would the store be liable?

    Grand theft

    Don’s Answer

    More info needed regarding circumstances of it being "stolen."

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