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Evan Michael Ostfeld

Evan Ostfeld’s Answers

156 total


  • For Florida attorneys, is a workers' comp exempt on a Ch 7?

    I filed a Florida Ch 7 and listed a workers' comp matter although with zero value because I was not receiving checks and was waiting for a lump sum which had not had a value placed on it yet. I understand if the lump sum or checks are large enoug...

    Evan’s Answer

    Workers Compensation is exempt from bankruptcy law.

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  • After a deposition can a workers comp claim be settle but not for money just treatment for the person that is hurt

    I got surgery in 3 hernias, more than a year ago. One of the hernias ripped the mesh and workers comp send me the the surgeon he send me to a pain clinic and then close my case without letting me know, the reopened it again, but the case worker di...

    Evan’s Answer

    Not any more. Unless of course your accident occurred before 1994.

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  • After much thought, I have decided to voluntarily withdraw my worker's comp case. I'm not sure what I need to file. Thanks

    I am not represented by an Attorney at this time. Not sure what I need to file with the JCC.

    Evan’s Answer

    First of all you can't withdraw your claim. Honestly, why would you ? Unless of course you can go back in a time machine and prevent the accident from happening in the first place. That being said, there is nothing to file in the court. Just make sure that you go to the workers' compensation doctors yearly in order to keep the case open. If you fail however to do so, it will be closed forever and you'll lose the right to future medical treatment, lost wages and any eventual settlement. Should you require additional information, feel free to contact my office (866) I SUE YOU (478-3968) or www.attorney4life.com.

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  • Can I stop my settlement I sign for my workman comp case

    I got hurt on the job, and had two surgery on my right arm, and left arm is messed up to from job relayed

    Evan’s Answer

    Unfortunately, if you have an attorney and already agreed to a settlement, the case likely has been closed, even if you did not yet sign the documents. More specifically, once your attorney conveys that fact to the insurance company and or their attorney, the parties are bound by that decision to settle the case. Moreover, if you settled the case at mediation, then the decision was binding at that time. Of course , if you did not have an attorney at the time of "settlement", a judge must talk to you before the matter is closed. That being set, should have reservations about settling, the judge may let you out of it.

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  • I loaned $20k to my ex employer when times were tough in the small business he had. The business just closed. now what.

    The loan was done as a cash advance on my credit card. We had no signed agreement. He promised to make the monthly payments. Now the payment is almost 2 months past due and I do not have the cash to pay it.

    Evan’s Answer

    Wow, you should contact an attorney immediately. Of course, sending the party a certified letter to pay or else you'll file a lawsuit to recover the money may help. In any event, your case to recover the money may be expensive. No lawyer is going to take the case on a contingency basis and its over the amount for small claims. That means, you will have to pay an attorney to take the case and for the court fees. Even if you eventually win a judgment, there may be additional problems in collecting it. If so, you will need to pay the lawyer
    (or find another one) additional money to try and seize assets including bank accounts.

    Good Luck!

    Evan in FLA (866) I SUE YOU (478-3968)
    attorneys4life.com

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  • EEOC.Dismissed claim.

    Сomplaint was dismissed without investigation.Received a right-to-sue letter. Should EEOC inform the employers about such complaints?

    Evan’s Answer

    Your employer was already notified of the complaint. Typically the EEOC does not have the resources to really investigate most charges. The fact that they did not find cause does not mean however that you have no case. You should therefore contact an attorney immediately and before the 90 day time limit to sue expires.

    Good Luck!

    Evan in FLA (866) I SUE YOU (478-3968)
    attorneys4life.com

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  • Job Harassment

    Im a security guard working for a company subcontracted by JTA. one of there employees has been trying to get me fired from day one. she has previously gotten the guy before me fired. I can get signatures from at least two police officers two JTA...

    Evan’s Answer

    Take the offensive. File a complaint against this individual with the human resources department. Plus for the people that will back your story, get them to contact HR as well.

    Good Luck!

    Evan in FLA (866) I SUE YOU (478-3968)
    attorneys4life.com

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  • I was out of work for 1 wk. due to illness,I was supposed to return on the 7th day,but couldnt,because I was still ill.So I

    called the Dr and they "covered" me for another day.On that day I contacted my employer and was informed that my position was terminated.The very next morning they had posted the position on Craigslist.After talking to my Office Mngr about it all ...

    Evan’s Answer

    Unfortunately you did not provide enough facts. If you were employed for a year or more and the employer had 50 or more employees you may be covered under the FMLA (Family Medical Leave Act). Should you be a Union Member that may also provide some additional job protection. If neither applies, there is really nothing you can do. Florida is an At Will state
    which means that they can get rid of you for any reason so long as it does not violate any State or Federal law. From what I gather from your facts, they did not.

    Good Luck.

    Evan in FLA (866) I SUE YOU (478-3968)
    attorneys4life.com

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  • I work part time as a merchndising support person for Macy's Sarasota Square, FL. Today I was told that due to a conflict of in

    interest with my other job. It was a conflict of interest. My other job is as an assistant manager of a resale store in Bradenton. It is run by a non for profit hosoice organization, all the items from clothing to furniture and more are all "don...

    Evan’s Answer

    Unfortunately for you yes. There is no employment discrimination alleged under
    the State of Federal law under the facts given, sorry.

    Good Luck!

    Evan in FLA (866) I SUE-YOU (478-3968)
    attorneys4life.com.

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  • I'm newly married to a mother of 5 who receives state assistance. Am I eligible for Medicaid also?

    I've heard that we would have to have at least one child in common for me to qualify.

    Evan’s Answer

    Check with the State Agency however its highly doubtful. You have to meet certain
    very low income levels.

    Good Luck!

    Evan in FLA (866) I SUE-YOU (478-3968)
    attorneys4life.com

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