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subject: The Tricky Tightrope Of Workers Compensation In Florida [print this page]


The concept behind workers compensation in Florida sounds simple enough: If you are injured while at work, workers compensation covers your expenses. However, rarely is it that simple. There are so many different regulations about timing, documentation requirements, pre-approvals, etc., that the average employee who is simply trying to recover from a work-related illness or injury could never hope to know, understand, or follow them all. Thankfully, there are attorneys in Florida who specialize in workers compensation law who can help employees walk the tricky tightrope of workers compensation claims.

For example, a panel of three judges from a Florida District Court of Appeals recently overturned a ruling from a lower court judge claiming that the judge should not have ruled on a claim from police officer Brian Arlotta of West Palm Beach before hearing the evaluation of the medical adviser. It seems that the judge had denied benefits to Arlotta for gynecomastic surgery that Arlotta claims was caused by doctor-prescribed anti-inflammatories after he injured his quadriceps while on the job.

When Arlotta applied for benefits through workers compensation to treat the gynecomastia (excess breast tissue) because he believed it to be a side effect of the prescription he was given for his work-related injury, compensation was denied. A judge then requested a review from a medical adviser because two other doctors had differing opinions.

Because Arlotta went ahead and had the surgery before the hearing with the medical advisor, the original judge ruled that Arlotta had rendered the advisor"s opinion moot. The decision by the Florida Court of Appeals panel to overturn that ruling does not award Arlotta compensation, rather it simply notes that the judge"s decision was premature. Arlotta could still be denied compensation because he went ahead with the surgery without receiving prior approval.

If that all sounds incredibly confusing, imagine how it sounds when you are suffering or in pain and are simply seeking to receive workers compensation so that you can be treated for your work-related illness or injury. Dealing with doctor"s appointments, surgeries, therapies, and other treatments can be grueling and exhausting enough without the added burden of trying to decipher and follow the myriad of minutiae involved in Florida"s workers compensation regulations.

If you are seeking workers compensation in Florida and have run up against rules and regulations that you do not understand or are having difficulty in receiving the benefits to which you are rightfully entitled, contact an attorney who specializes in workers compensation in Florida. Not only is a workers compensation attorney experienced in all the details of Florida"s workers compensation laws, but your attorney will have had the experience necessary in dealing with employers and insurance companies so that you can receive just and fair remuneration.

by: maxstephon




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