Skip to main content
Don Paul Harvey
Avvo
Pro

Don Harvey’s Answers

729 total


  • Had surgery with one Dr last yr on foot and worse now. Another Dr says need another surgery to correct. Can I sue for cost/pain?

    The 2nd Dr says was not done correct the 1 st time and I have been in pain for a year unable to work. will anyone take this case to sue for cost of 2nd surgery and pain and suffering for past year unable to work.

    Don’s Answer

    Consult with a medical malpractice attorney right away. Use the Find a Lawyer tool above to assist. There is a much shorter SOL in these types of cases.

    See question 
  • Am I able to reopen a civil case I was found guilty of because I didn't show up?

    It was a traffic damage issue. Was found guilty, but there were no ticket issued for the accident because of weather. I missed the court case, thus being found guilty. Can I get the case reopened for rejudification? It was about two years ago.

    Don’s Answer

    Yes, most likely too late at this point in time.

    See question 
  • Workers comp

    So question ? If an employee is injured or suffers an illness from a critical incident that occurred while on duty and the WC INSURANCE DENYS the claim, did that injury or illness now become Non duty related? Even though their doctors and other...

    Don’s Answer

    Carriers deny things all the time that shouldn't be denied. If it happened in the course and scope of employment, as defined under FS 440, it is WC. It may serve you to make a few calls to a workers' compensation attorney to discuss the specifics of your case.

    See question 
  • I received a check from workers comp for iib not shore if I should cash it my doctor wrote 7% pi but also requested a FCE be don

    what should I do

    Don’s Answer

    As pointed out earlier, you can cash the IB check w/o issue. It may be a good idea for you at this point in time to reach out to a workers' compensation attorney. With a 7%, my guess is you have a herniated disc, and given the impending FCE, you may have some employment issues to cope with in your immediate future.

    See question 
  • Mom passed with no will. 5 Siblings, I'm Executrices, is there another way to bypass the bond, & gift the house to my Brother?

    Per the Surrogate courts, we are require to post a bond and it seems to be based on the value of the house and her debts? Mom was in various Hospitals during the course of her illness. What is the length of waiting period after we notify them of h...

    Don’s Answer

    You need to get a probate attorney involved. An estate will likely have to be opened and a Petition for Homestead Exemption to follow thereafter. Use the Find a Lawyer tab above to assist.

    See question 
  • Work comp case

    I have been in a work comp case since 2007. Now they r messing with me being able to see my dr, not scheduling my appts or authorizing them. How much time can go in between seeing a dr before they try to use that as something next??

    Don’s Answer

    In Florida, you generally have 1 year since your last visit to an authorized physician to see another authorized physician. If they are "playing games" I would suggest retaining counsel to assist before it is too late.

    See question 
  • Do I have a workers comp claim?

    I work at an after school program. I am the math instructor. On Friday, the staff and students participated in a kickball game. I sprained my knee while participating in the game. My employer feels that I was operating out of scope of employment. ...

    Don’s Answer

    Use the Find a Lawyer tab and call a workers compensation attorney today. They may not "want" to, but they will "have" to. An attorney can help get the ball rolling for you and get some care authorized sooner than later.

    See question 
  • Injured at work and manager on duty was there but did not file accident report

    Manager was on site and did not write up report. Now states he needs to talk to general manager since to get approval to write. Can possibly be fired for this. 2 weeks gone by and no report no medical attention.

    Don’s Answer

    Get a workers' compensation today. You are going to need assistance with this one. At a minimum you should clearly request to your employer you want to see a doctor and ask where should you go for the same. This scenario happens all too often under the new law unfortunately.

    See question 
  • What happens if I quit my job while out on workmans comp?

    I hurt my knee at work. I've had knee surgery and have to be out for 3 weeks or more. I've been offered a better job that is less physical with another company. If I quit my current job, Will workmans comp still pay for my surgery and physical the...

    Don’s Answer

    As pointed out, changing jobs won't affect your entitlement to medical benefits, but it could be a factor in "light duty/TPD" wage loss potentially, as well as depending on other facts entitlement to permanent total disability benefits, and/or percentage of impairment benefits upon reaching MMI.

    See question 
  • Do I need a personal injury attorney?

    I was hit by a truck December 12th with no information on the driver. It was a hit and run and I wasn't in a vehicle. Nothing is still being done. I have a concussion, problems with my hearing, and other injuries.

    Don’s Answer

    Best advice - yes, call a personal injury attorney today. You will need assistance in locating coverage for you and seeing that you are properly compensation, potentially. From your facts, it is unclear as to if you were able to obtain any information on the truck or if the police investigation has yielded any results to that end.

    See question