Appeals

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The firm specializes in preparing Workers’ Compensation appeals on behalf of Employers, Carriers and Third Party Servicing Agents. The advantage of hiring an attorney with appellate experience at the trial level is that the attorney will be able to identify appellate issues which need to be preserved in case of an appeal. The appellate attorney at the firm possesses unique experience having clerked for the Florida Supreme Court and for the Third District Court of Appeal. The attorney specializing in Workers’ Compensation appellate work is involved in all the elements of the process including research, brief writing, and oral arguments before the Courts of Appeal.

The attorneys have been involved in numerous landmark decisions in the Workers’ Compensation field including the Florida Supreme Court opinion of U.S. Sugar Corporation v. Henson establishing guidelines for admissibility of evidence in toxic exposure claims and the Third District Court of Appeal in Betancourt v. Sears Roebuck & Co., an en banc opinion of First District Court of Appeal setting the guidelines for entitlement to Temporary Partial Disability Benefits. Furthermore, the firm has been involved in two appeals involving an award of Permanent Total Disability Benefits while the injured workers had exhausted 104 weeks of temporary benefits, but is not at physical maximum medical improvement, Groseclose v. Optium Oncology and City of Hialeah v. Burke.

Other relevant appellate Workers’ Compensation cases involved the case of Cartaya v. Coastline Distribution which reinforces the jurisdiction of the Judge of Compensation Claims in enforcement of settlements, Weston v. United States Sugar Corp., affirming a statutory attorney fee for benefits secured, and Burroughs v. United States Sugar Corp., applying the going and coming rule for employer provided transportation.

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