A recent victory for injured Florida workers in a workers’ compensation case, Westphal v. City of St. Petersberg, has upset the insurance industry. In the case, a firefighter challenged an order denying his claim for permanent total disability benefits and the constitutionality of the entire system of workers’ compensation benefits.…
Articles Posted in Workers’ Compensation
Florida Court of Appeals Determines Injured Worker Qualifies for Permanent Total Disability
Florida’s First District Court of Appeals issued a ruling that an injured worker who could not find a job at an approved level of physical restriction within his vocational capabilities qualified for permanent total disability. The injured employee worked at a trucking company for nearly three decades and suffered an…
Florida Court of Appeals Allows Construction Worker to Sue Fellow Subcontractor for Gross Negligence
Florida’s First District Court of Appeals recently issued two opinions in one case, Villalta v. Cornn Intl., that assessed whether workers’ compensation statutory immunity applied to a contractor and subcontractor. A construction worker was finishing drywall when his ladder slipped into a cutout left by other subcontractors. He fell through…
South Florida a Leader in Recovering Wages for Employees Denied Wages
The “wage theft” Miami-Dade County ordinance, enacted in 2010, has entered the national spotlight as an example of local legislation created to solve a problem that plagues much of Florida and other states around the country. The program was created to help employees recover funds that are owed by employers…
Injured Florida Worker Denied Opportunity to Hold Negligent Employer Liable
Florida’s Fourth District Court of Appeals recently echoed a lower court’s ruling that prevented an injured Florida man from holding his employer directly liable for his construction accident injuries. Florida grants immunity to employers since employees are covered under mandatory workers’ compensation insurance. Workers cannot pursue personal injury claims against…
American Contract Workers Facing Increased Dangers
Last month, the Pentagon released a report regarding the war in Afghanistan that revealed bleak statistics – Improvised Explosive Device (IED) attacks have increased 56% since 2009, insider attacks are used with higher frequency, and 18,188 have been injured and 2,162 killed since the beginning of the war. At the…