Attorney Michael Jason Winer's Legal Cases

Constitutional

Castellanos v. Next Door Co., No. SC13-2082

Apr 28, 2016

OUTCOME: Victory for the Claimant

The right of an injured worker to recover a reasonable prevailing party attorney's fee has been a key feature of the state's workers' compensation law since 1941. Through the 2009 enactment of a mandat ... ory fee schedule, however, the Legislature has created an irrebuttable presumption that every fee calculated in accordance with the fee schedule will be reasonable to compensate the attorney for his or her services. The $1.53 hourly rate in this case clearly demonstrates that not to be true. We conclude that the mandatory fee schedule is unconstitutional as a violation of due process under both the Florida and United States Constitutions

Constitutional

Miles v. CITY OF EDGEWATER POLICE DEPARTMENT

Apr 20, 2016

OUTCOME: Victory for the Claimant

In conclusion, the restrictions in sections 440.105 and 440.34, when applied to a claimant's ability to retain counsel under a contract that calls for the payment of a reasonable fee by a claimant (or ... someone on his or her behalf), are unconstitutional violations of a claimant's rights to free speech, free association, and petition — and are not permissible time, place, or manner restrictions on those rights. Likewise, those provisions also represent unconstitutional violations of a claimant's right to form contracts — and are not permissible police power restrictions on those rights. Thus, we hold that the criminal penalties of section 440.105(3)(c), Florida Statutes, are unenforceable against an attorney representing a workers' compensation client seeking to obtain benefits under chapter 440, as limited by other provisions discussed above. We conclude that the statutory restrictions are unconstitutional, and that the proper remedy is to allow an injured worker and an attorney to enter into a fee agreement approved by the JCC, notwithstanding the statutory restrictions.

Personal injury

Isensee v. Zelasnik

Feb 10, 2012

OUTCOME: Final Judgement for client in excess of $1.2 million

Represted injured party in rear end collision. Client required cervical spine surgery. Case tried to jury verdit in favor of client.

Workers compensation

Stokes v. Schindler Elevator

May 09, 2011

OUTCOME: Victory for Client and award of full payment of death benefits and funeral expenses

In a workers' compensation case, the Claimant, the surviving spouse of an injured and now-deceased worker, challenged an order of the Judge of Compensation Claims (JCC) that denied death benefits claim ... ed under section 440.16(1)(a)-(b), Florida Statutes (2006). Claimant argued the JCC erred in admitting and relying upon the opinion of a non-physician toxicologist in determining issues of medical causation, and by concluding that the opinion testimony of two pathologists (medical doctors) was insufficient as a matter of law to establish the cause of the worker's death. The court agreed and reversed.

Workers compensation

ROCIO LOPEZ v. ALLIED AEROFOAM/

Oct 18, 2010

OUTCOME: victory for client

Established that claimants, even in denied workers' compensation cases, are entitled to an advance payment not exceeding $2,000 upon a proper showing.

Michael Jason Winer's Legal Cases (5)

Castellanos v. Next Door Co., No. SC13-2082

Miles v. CITY OF EDGEWATER POLICE DEPARTMENT

Isensee v. Zelasnik

Stokes v. Schindler Elevator

ROCIO LOPEZ v. ALLIED AEROFOAM/