Hudson, FL
Lawyer at Hudson, FL
OUTCOME: Prevailed on behalf of Mr. Blackwell
Mr. Blackwell's claim for medical and indemnity benefits was denied in it's entirety. His previous lawyer withdrew from the case not wanting to take the case to trial. I agreed to represent Mr. Black ... well and we did prevail.
OUTCOME: Won
Mr. Rhoden worked as a carpenter for a small construction company. The company leased their employees through Southeast Personnel Leasing. One day, Mr. Rhoden's boss asked him if he would help put up ... lights for his daughter's wedding over a particular weekend. Mr. Rhoden agreed to help his boss over the weekend. While hanging lights, Mr. Rhoden fell from a ladder. An orthopedic specialist, Dr. Cassandra, diagnosed Mr. Rhoden with a 100% displaced fracture of right humerus, or upper arm bone, which in the month following the accident, showed no significant signs of healing. The insurance company denied medical care and lost wages to Mr. Rhoden. They argued that because Mr. Rhoden was doing what they considered personal work for his boss, and not carpentry as was the nature of his employment, he was not in the course and scope of employment at the time of the accident. I argued that Mr. Rhoden was certainly not on any personal errand at the time of his incident. Rather, he was working at the time, place, and manner directed by his supervisor, the agent of Southeast Personnel Leasing. Though Mr. Rhoden's work was a deviation from his job duties as a carpenter, such a deviation was expressly approved by his supervisor.
OUTCOME: Prevailed on behalf of claimant
Lost wages and medical bills were awarded to my client, plus attendant care benefits to her husband. The two were a team as over the road drivers. The wife sustained what she believed to be a spider ... bite while sleeping in the truck's cabin. Because she was not working at the time, and could not easily identify the cause of her injury, the claim was denied. The bite was rather serious, requiring her to be hospitalized in Colorado. Their employer terminated them when they refused to return to work due her being hospitalized. There is an exception in worker's compensation law for people who are considered traveling employees. If someone meets the criteria necessary to be considered a traveling employee, they are deemed to be in the continous furtherance of the employer's business. There are exceptions, but sleeping in order to take the next shift driving, is not a deviation from the scope of my client's employment substantial enough to prohibit her entitlement to benefits.
OUTCOME: Final Order entered awarding benefits claimed.
The claimant worked as a teacher for the Pasco County School Board. She was injured on 4/3/2003 while trying to stop a fight between students. In trying to stop the physical altercation that broke o ... ut between two male students, she was thrown back against a wall and open door, causing injury to her low back (lumbar spine). She experienced back pain prior to the accident on 4/3/2003. The pain was not attributable to any specific accident, at work or otherwise. She treated through her own private health insurance for the symptoms of back pain experienced prior to the subject accident. Subsequent to being injured while in the course and scope employment, the symptoms of pain were notably increased. Although she experienced back pain prior to 4/3/2003, the pain she experienced differed in the nature and degree from what she felt after making an attempt to stop the physical altercation that took place before her on 4/3/2003. Her symptoms low back pain immediately increased; she needed treatment. A post accident lumbar MRI showed a difference in the condition of her lumbar spine when compared with pre-accident lumbar MRI scans. The Employer's worker's compensation carrier, Gallagher and Bassett, filed a notice of denial in regard to her eligibility for worker's compensation medical and lost wage benefits. The decision to deny
OUTCOME: Prevailed
The claim involved an injury to my client's right foot. The injury occurred when she was visiting a patient's home, and attempting to navigate his uneven driveway. She twister her foot and heard a sn ... ap, resulting in a sesamoid fracture. The claim was denied entirely by the carrier on a number of grounds. The carrier claimed that the injury did not arise out of the course and scope of my client's employment. The basis for this argument against my client's receipt of benefits was that the injury could've occurred while she was not working, therefore, the occurrence did not bear a causal relationship to the nature of her employment. The carrier further defended on the ground that the injury was idiopathic, or personal in nature. The carrier attempted to argue that my client's weight contributed more the injury than any other factor. The judge found both defenses invalid.
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