Skip to main content

Anyone know a lawyer in FL that is also licensed to practice in TN for workers comp/bad faith/Wrongful termination?

Englewood, FL |

Hi, I am having a difficult time finding a lawyer in Florida that is also licensed to practice in TN. I have a complicated case that involves an on the job injury, negligent workers comp adjuster, wrongful termination, untreated injury and a misdiagnosis. It spiraled out of control. Since I was based in TN at the time, it is a TN jurisdiction. When I was directed by my boss to reopen workers comp case early this year after a hospital visit, I was placed on a leave of absence while waiting on adjuster to make an appointment with the Florida physician they approved. That never happened and then I was fired. My union says I need a lawyer.

Attorney Answers 2

Posted

According to the Florida Bar website, there are only 16 attorneys licensed to practice in both Florida and Tennessee who list Labor & Employment as a practice area. You can find them by starting your search here: http://www.floridabar.org/names.nsf/MESearchDK?OpenForm#StateC.

That said, you commented that: "Since I was based in TN at the time, it is a TN jurisdiction." Before you resign yourself to that conclusion of law, talk to an experienced Florida workers' comp lawyer about this issue. You might actually be able to bring the claim under Florida's W/C law, despite whatever the adjuster told you about the law or the employer's insurance policy in place. I fought this battle for a client and won. See link below. Sometimes, the claimant has the ability to pick which state's jurisdiction you want to invoke. I know nothing about TN's laws or your facts; so, I cannot suggest where you'd be better off. But, it's important to know whether you have a choice and, if so, to let a lawyer advise you which state's laws would suit your situation better. Please seek out this advice now, before it's too late.

Mark as helpful

1 found this helpful

2 lawyers agree

2 comments

Asker

Posted

Thank you for your response, I appreciate it. I actually called the Florida bar and they gave me a local lawyer that I had already spoken to that said he couldnt help because of the jurisdiction. I contacted Morgan and Morgan and they had an investigator come to my home. So much for being for the people because month later I got my paperwork back basically telling me to get a lawyer and quick because of statutes...lol Im laughing but its not funny. I took that letter to another florida attorney who couldnt help and he said the morgan and morgan guy was lazy. I never actually spoke to the morgan and morgan lawyer and I saught him out before terminated because workers comp was being negligent. He ended the letter with "if you get a permanent disability rating" to contact them again. I never even got to see the physician they approved! Anyway, contacted my union and they said get a lawyer too because these are no minor issues. (I want all of my mandatory dues back- what a scam - even if you are not a member you have to pay dues- what!?) - so much for safety nets right? Anyway, Im under dangerously high stress and have been in financial crisis since January on top of my untreated health issues. I spent my resources which came from pawning my things to stay in contact with these people and fax them papers and make calls and emails and I ended up terminated. Im on my second appeal for unemployment - the job doesnt respond or participate and unemployment is saying I cant prove that Im physically able to work. Am I in the twilight zone or what! I never wanted to deal with workers comp after they gave me a hard time reopening mid 2011 which forced me to pay my own medical and apply for intermittent FMLA so I can work and get treatment. I know they wanted me to go away as many things were done wrong. When I thought Morgan and Morgan was helping me I never came through with a lawyer when I told my job and comp I was in need of legal assistance. Telling them my situation and that im out of resources was a perfect time to get rid of me. How did you find the 16 attorneys? I did the expanded search a few times and I cant seem to find any for both states. Do you mind telling me exactly how you did the search? I would be so thankful!

Kenneth Brian Schwartz

Kenneth Brian Schwartz

Posted

Under advanced search, select both TN as a state and "Labor & Employment" as a practice area. I think you'd be better served, though, by talking to an experienced W/C attorney in you area about Florida law to find out whether it's a FL case or TN case, or both. E-mail me at kbs@flalaw.com, and I will send you the names of some attorneys in your area that I know and that will talk to you directly about your situation.

Posted

Jurisdiction is where YOU decide it is. You should choose whichever forum is more favorable and convenient. Discuss this with a Florida WC attorney to analyze the best strategy. If the case is filed in Tennessee, you need to appear for any hearings or IME's in Tennessee.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com

Mark as helpful

1 found this helpful

1 lawyer agrees

1 comment

Asker

Posted

I want it to be in Chicago. I need someone like you! Seriously, I dont even get a chance to tell the whole story on these phone call consultations with their screeners. As soon as they ask where it happened the phone call is basically over.

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics