Attorney Leslie Colette Riviere's Legal Cases

Workers compensation

Raymond James & Associates v. Smith, 860 So.2d 1081 (Fla. 1st DCA 2005)

Jul 15, 2005

OUTCOME: Affirmed

The workers compensation carrier had begun reducing my clients workers' compensation benefits because of her receipt of social security income while she was still receiving temporary total disability b ... enefits. When she was adjudicated permanently and totally disabled, the carrier recalculated their offset again, reducing my clients checks further. I filed suit to stop the further reduction in my client's benefits and the trial judge agreed with my position, that the offset for receipt of social security benefits can be calculated only once. The employer appealed and lost on appeal. My client recouped her past due benefits and the carrier had to stop taking the increased offset.

Workers compensation

St. Anthony's Hospital v. Marino, 917 So.2d 198 (Fla. 1st DCA 2005)

Apr 20, 2005

OUTCOME: Affirmed

I was representing a hospital worker who had contract MRSA during the course of employment. Proving it was work related was difficult, as the hospital's defense was that the type of MRSA the worker ha ... s was community acquired and the hospital was not required to provide data regarding their rates of infection. Use of an epidemiologist was required. The worker won at the trial level, St. Anthony's appealed, and St. Anthony's lost on appeal.

Workers compensation

Rinker Materials v Floyd, 887 So.2d 333 (Fla. 1st DCA 2004)

Aug 27, 2004

OUTCOME: Affirmed

I represented a worker who had sustained a low back injury as a result of years of repetitive lifting. The trial judge awarded the worker benefits and Rinker appealed on the grounds the worker had fai ... led to notify his employer of his injuries within the required 30 day time limits. The First District affirmed the decision, upholding the judges ruling that although the worker was late in notification, he acted as a reasonable man would, notifying his employer as soon as he understood the seriousness of his condition.

Workers compensation

Scullin v. Gamlin Systems, 780 So.2d 972, (Fla. 1st DCA 2001)

Nov 20, 2001

OUTCOME: Affirmed

Mr. Scullin was rendered a quadriplegic as a result of a work related accident. He had originally been awarded a modified lift van by the carrier, but his van had worn out. When he requested a new on ... e, workers' compensation denied him a van, suggesting it only owed him medical transportation to and from doctors offices and that it was cheaper to provide taxicabs for such a purpose. The judge agreed and denied the worker a new van. While I was not the trial attorney in this case, I was so appauled by the judges decision, I appealed the case on behalf of the worker. While we lost the case on appeal because the panel of judges felt it was necessary that there be specific medical testimony that a replacement van was "medically necessary" we did get a lengthy dissenting opinion calling the denial of the van outrageous in light of the claimant's condition. Although unsuccessful in my appeal, I did try to do right by this man.

Workers compensation

James v. Humana Hospital, 644 So.2d 116 (Fla 1st DCA 1994)

May 02, 1994

OUTCOME: Reversed and Remanded

I represented a hospital worker had been given a hepatitis shot after a needle stick as a precaution. Complications from the shot resulted in the administration of steriods which ultimately caused mul ... tiple bone fractures in the worker. The trial judge refused to extend responsibility for the subsequent fractures to the workers compensation carrier, and the the worker appealed. The First District reversed the trial judges ruling, finding in favor of the injured worker and requiring the carrier to pay for lost wages and medical treatment related to the fractures.

Workers compensation

East Pasco Medical Center v. Jones, 659 So.2d 356 (Fla. 1st DCA 1995)

N/A

OUTCOME: Affirmed

At the time of her injury my client had just started work at the hospital as a full-time RN, having previously been employed in a part-time capacity while finishing school. The hospital wanted to calc ... ulate her wages using the 13 weeks prior to her injury as was customary. I argued the 13 weeks prior to the injury included part-time wages and should not be used for the calculation of her base wage. Part-time wages should only be used when the employee intended to remain a part-time employee. In this case the worker was only employed part-time while fininshing school and once school was complete, had then moved to full-time work. The trial judge agreed, and the hospital appealed. The First District affirmed the trial judges ruling, awarding the worker lost wages based on full-time employment.

Leslie Colette Riviere's Legal Cases (6)

Raymond James & Associates v. Smith, 860 So.2d 1081 (Fla. 1st DCA 2005)

St. Anthony's Hospital v. Marino, 917 So.2d 198 (Fla. 1st DCA 2005)

Rinker Materials v Floyd, 887 So.2d 333 (Fla. 1st DCA 2004)

Scullin v. Gamlin Systems, 780 So.2d 972, (Fla. 1st DCA 2001)

James v. Humana Hospital, 644 So.2d 116 (Fla 1st DCA 1994)

East Pasco Medical Center v. Jones, 659 So.2d 356 (Fla. 1st DCA 1995)