Retraining and Education Under Workers’ Compensation

June 15, 2021 Legal Alerts

If you thought that Retraining Benefits were a thing of the past, think again. Retraining benefits is a viable claim that claimants may seek due to the changing economy. Essentially, the purpose of retraining benefits is to help a claimant return to work, although in a different line of work, and receive indemnity benefits from the Carrier, while undergoing short-term training.

How the Passage of the COVID-19 Liability Protection Bill Affects Florida Businesses

May 24, 2021 Legal Alerts, Newsletters - 2021

COVID-19 has affected the state of Florida, and the entire United States, in ways that were previously unfathomable. The virus has taken a catastrophic toll on the population as well as the economy. While many industries are struggling to recover, the risk of opportunistic insurance claims and lawsuits as a result of the pandemic is on the rise. The financial threat these lawsuits pose to the business community, large and small, is incalculable. Multiple plaintiffs have already filed lawsuits in hopes of compensation for a variety of reasons, including relatives of deceased family members seeking compensation for their loved ones’ deaths and businesses filing suits against insurance carriers that have denied business interruption claims. New state legislation passed on March 29, 2021 grants liability protection against COVID-19 related injury and death lawsuits to Florida businesses and educational, governmental, and religious institutions – all of which are attempting to recover from the devastating effects of the pandemic.

Alexis Lezama Selected for Inclusion into the Top 40 Under 40 Black Lawyers in Florida

May 20, 2021 News Coverage, Newsletters - 2021

Alexis D. Lezama, an associate in Conroy Simberg’s West Palm Beach office and member of the firm’s First Party Property & Coverage practice group, has been selected for inclusion into the Top 40 Under 40 Black Lawyers in Florida, an honor given to only a select group of lawyers for their superior skills and qualifications in the field. Membership in this exclusive organization is by invitation only and is limited to the top 40 attorneys under the age of 40 in each state who have demonstrated excellence and have achieved outstanding results in their careers.    

Burden of Proof for Temporary Partial Disability Benefits

May 10, 2021 Legal Alerts

Where a claimant has work restrictions and no earnings, she only needs to prove a causal connection between the injury and the loss of income.  Specifically, a claimant can meet her prima facie entitlement to TPD benefits by demonstrating that she is unable to successfully perform the tasks of her pre-injury job which directly resulted in a cessation of the performance of that employment and a reduction of her income below 80% of her AWW.  See Wyeth/Phama Field Sales v. Toscano, 40 So.3d 795 (Fla. 1st DCA 2010).  The court has laid out a three part test; the claimant needs only to show (1) that she is not a maximum medical improvement, (2) that she has restrictions which prohibit her pre-injury employment and (3) that she has a reduction of income below 80% of her AWW.