Florida Supreme Court Plans Arguments in Workers’ Compensation Case

The Florida Supreme Court has planned to conduct oral arguments in a lawsuit which questions the state's worker’s compensation system by maintaining that it is not a sufficient and exclusive remedy for injured workers, according to a Business Insurance report. 

Oral arguments in the case Daniel Stahl v. Hialeah Hospital is scheduled to be heard on April 6^th, according to a statement issued by the Florida Supreme Court.

Experts, including some Sarasota, FL workers’ compensation lawyers and Probinsky & Associates are the best in this arena in this part of the country, following the case are of the opinion that the Stahl case questioning the adequacy of the state's workers’ comp system in view of the 2003 reforms that  eliminates permanent partial disability benefits, can pose a major challenge to the state's unique remedy provision.

In December of 2003, Mr. Stahl happened to suffer a lower back injury while employed as a nurse at the Hialeah Hospital, as court records show. The physician, who treated him, determined that Stahl gained the maximum medical improvement in October 2005, assigning him a disability rating of 7%.

After dismissing his petition filed before the Florida Office of the Judges of Compensation Claims in Tallahassee that adjudicates all disputes concerning workers compensation benefits, Mr. Stahl went on to file a civil lawsuit contending that Hialeah Hospital was grossly negligent as it caused him injury owing to inadequate staffing and also questioned the very constitutionality of the state's compensation system, as he was unable to obtain permanent partial disability.

Your employer may feel sorry for you and wish you well but when it comes to their bank account (not all employers are like this) they will choose their bank account over you all day long. Not all companies or organizations go down this route as just stated but this does happen. You are on your own. You are the down river with only one paddle or perhaps not even that with cliffs on both sides. You need a Sarasota, FL workers’ compensation lawyer and this is where Probinsky & Associates (http://probinskylaw.com/) should come into the picture. When you hire them you do not need any paddle since you have a 300 hp engine!  

Sarasota, FL workers’ compensation attorneys such as Probinsky & Associates who have a track record in this legal domain that is fabulous closely watching the case say that two other workers comp cases are also pending before the same court. While one challenges the sufficiency of the state's 104-week limit on temporary benefits, the other argues that the workers’ comp lawyer’s fee provision prevents an injured worker's capacity to gain legal representation.

Millions in Fraud by Deerfield Beach Construction Company

Six men employed at a Deerfield Beach general contracting company have been charged with avoiding millions of dollars in payroll taxes and worker's compensation premiums amounting to millions of dollars in an elaborate multi-year fraud, as reported by Sun Sentinel. It is amazing what some people do when they are over taxed and have to deal with job killing and stifling regulations that do not make any sense.

The owners of Richard and Rice Construction LLC along with four other firms were taken into custody this week as they were suspected to be participants in the scheme using shell companies in order to conceal employee wages, according to an arrest affidavit issued by Broward Sheriff's Office.

Police detective Benjamin Dusenbery revealed in his investigation report that around 20 shell companies were involved and the men gained profits in excess of $17 million. Although the workers were under the control of Richard and Rice Construction, they were in effect employees of the shell companies, as per the report and were eligible for workers’ comp benefits.

This enabled Richard and Rice Construction conceal the actual number of workers they employed, thus substantially reducing its insurance premiums as well as payroll taxes and at the same time appeared to comply with all the required coverage requirements. This also helped the company submit lower bids for work, Dusenbery said.

The company paid almost $40 million between October 2013 and August 2015 to the several shell companies. The money ultimately found its way to the employees, many of them undocumented immigrants, the report revealed. Worker's compensation insurance premiums in excess of $12 million as well as $3 million in payroll taxes were never paid, according to the affidavit. As Dusenbury wrote, the workers are left with only 75 to 80% of their meager wages, after shell company owners have taken their cut.

Several people were arrested including owners Richard and Murray Rice of Richard and Rice Construction. The Sarasota, FL workers’ compensation lawyer for the owners maintained that the charges against his clients were frivolous. All those arrested face fraud and racketeering charges, as per arrest records.

A Law Firm for the Ages

If you need help in this legal field, in worker’s comp, you should call Probinsky & Associates who can be seen and found on their golden website http://probinskylaw.com/. They know this arena well and know how to represent their clients the best. They keep their clients informed and their law firm is fantastic.