Catastrophic Injury to client after automobile accident.
Robert J. Bend, Jr. v. Shamrock Services and Zenith Insurance Company
Feb 28, 2011
Robert will be entitled to Workers' Compensatin benefits. The First District Court of Appeal Reversed the Judge of Compensation Claims who denied workers' compensation benefits to Robert.
On January 15, 2008, my client, Robert Bend, Jr., Claimant was involved in a high-speed automobile accident while driving a truck owned by the Employer (Amar Prakash doing business as Shamrock Services). As a result of the accident, he suffered full thickness burns on 70% of his body; he lost his dominant hand, an eye and an ear due to the burns; and was hospitalized for over one year while multiple skin grafts were performed. At the time of the accident, Claimant was en route to a painting job (contracted for by the Employer) at a post office in Cocoa Beach, Florida. After receiving notice of Claimant’s accident and discovering the multi-faceted nature of the Employer’s business -- which contrasted with the Employer’s answers to questions posed in the Employer’s application for insurance wherein the Employer described his business as a lawn maintenance service with five employees (and no independent contractors/subcontractors) -- Zenith cancelled the workers’ compensation policy. At the time of cancellation, the policy had been in effect for over three years. Zenith denied Claimant’s claims for workers’ compensation benefits on the basis that Claimant was not the Employer’s employee but, rather, an independent contractor. Additionally, Zenith asserted that Claimant should be denied recovery based on misrepresentations made by the Employer in the application process and/or based on the Employer’s failure to regularly submit documentation and reports to Zenith, as required by the Workers’ Compensation Law.
At the Final Merit Hearing, the JCC voided the workers' compensation policy and ruled that Robert was not an employee despite finding that Robert was an independent contractor. Therefore, benefits were denied for Robert.
On appeal the First DCA reversed the JCC and ruled that Robert was entitled to benefits based on his status as an employee and the policy was not voidable. Now, Robert will be eligible to obtain full benefits through workers' compensation.
State of Florida vs. Perry
Lawsuits and disputes
Aug 21, 1998
Absent from the Jacksonville courtroom was the victim age 36, the defendant's girlfriend, who accused Perry of hitting her with a shovel. The victim could not be located after the incident by the State Attorney's Office. Prosecutors have pursued cases before in which the victim was reluctant or uncooperative. They've even tried murder cases without a body. But this was the first case in Jacksonville in which a felony domestic violence case went to trial without a living victim that could not be located.
The case centers on the morning of Feb. 17. At 5:15 a.m., a police officer was flagged down on New Kings Road by someone who said a man was beating a woman. When the officer arrived at a home in the 3000 block of Old Kings
Road, he heard arguing inside and a man yelling at a woman to shut up and get on the bed, police said. The man threatened to hit the woman and she began moaning, according to the police report. After the officer banged on the door, the woman answered it, appearing to be afraid. When the officer asked the man for identification, he ran south on Nelson Avenue. Perry was found in a wooded area and charged with aggravated battery, causing bodily injury during the commission of a felony and opposing a police officer. The victim, who had marks on her left arm and leg, was transported to a hospital by a rescue unit. She suffered a broken leg.
Riggins v. Connell
Lawsuits and disputes
Verdict for the defense
The Plaintiff and Defendant were involved in a motor vehicle accident. The Plaintiff alleged that the Defendant was negligent in his approach at a flashing yellow light while the Plaintiff proceeded through an intersection with a flashing red light. The plaintiff's injuries included quadrapligia, brain trauma and speech loss. Damages requested were in excess of $15,000,000 in future losses. Experts for defense included a medical doctor, accident reconstructionist, life care planner and economist.