Category: Florida BAR article
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Flying in the Clouds: Practicing Law by Cloud Computing
Cloud computing can be risky because someone might access a lawyer’s confidential information stored on the cloud. The location of the data may not be clear, and it could be stored in unstable countries. The cloud service provider may also share documents with others without permission. But, using cloud computing can save money and provide…
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Depositions, Errata Sheets, Reopening, and Termination
Sometimes, witnesses are told they can only correct errors in their deposition testimony, but that’s not true. In Florida, witnesses can make changes to both the form and substance of their testimony. Any changes are recorded on errata sheets. In a court case, a man made three changes to his deposition testimony and gave reasons…
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The Practical Limitations of the Economic Loss Rule
The economic loss rule (ELR) says that you can’t sue for just economic damages (like lost profits) caused by a defective product. You can only sue for personal injury or damage to property caused by the product. This rule helps to separate contract law from tort law, which is about causing harm to someone else.…
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Affirmative Defenses in Florida Worker’ Compensation
Workers’ compensation pleading used to be simple, but now it’s more complicated. There are specific rules about what needs to be included in a petition for benefits and how affirmative defenses must be raised. This can be confusing for judges and lawyers who are not familiar with these rules. An affirmative defense is when the…
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Because I Said So! An Examination of the 1996 Florida Uniform Permanent Impairment Rating Schedule
Doctors in the Florida workers’ compensation system often use the 1996 Florida Uniform Permanent Impairment Rating Schedule to assign impairment ratings to injured workers. However, many of these ratings are incorrect because the doctors are not applying the schedule properly. This can have a big impact on injured workers. In 1990, the Florida Legislature required…
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Has the Expanding Compensability of Heart Attacks in Florida Put a Cork in Victor Wine?
In 2014, heart disease was a big cause of death in Florida. In 1961, Florida courts talked about whether heart attacks at work should be covered by workers’ compensation. Before that, people had to prove an accidental injury or death happened because of their work in order to get compensation. But in 1993 and 2003,…
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Enforcement of Workers’ Compensation Settlements
In Florida, most workers’ compensation cases settle through mediation rather than going to trial. However, disputes can still arise when trying to finalize the settlement terms. This can happen if the injured worker changes their mind or if both parties can’t agree on the details. It’s important for both sides to carefully consider and agree…
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Not So Fast! A Closer Look at 440.105(4)(b)(9)
An employee lied about their status and got a job. They got hurt at work and filed for workers’ compensation. The employer found out the employee lied about being legal to work in the U.S. and now they’re wondering if they still have to pay for the employee’s medical bills. The law is a bit…
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The New Permanent Total Disability Standard in Florida Workersâ Compensation Cases: A Framework for Evaluating Capability to Engage in Sedentary Employment
Starting from October 1, 2003, the main issue in permanent total disability (PTD) cases will be whether the employer can prove that the employee can physically do at least sedentary work within 50 miles of their home. Sedentary work means jobs that require sitting and not much physical effort. This will lead to arguments about…
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Private Employers’ Workers’ Compensation Liability For On-call Employees
If an employee is injured while they are on call for their job, they may be entitled to workers’ compensation benefits. However, there are certain situations where an employer may not be liable for the employee’s injury, such as if the injury occurs while the employee is not working. It’s important for employees to understand…
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Vocational Rehabilitation in Florida Workers’ Compensation Cases: A Comprehensive Review of Statutory and Case Law
Before 1979, workers in Florida had to prove that their disability would probably be permanent in order to get vocational rehabilitation benefits. These benefits included temporary total disability payments and assistance with training and education expenses. After 1979, the law has changed many times, and court cases have helped interpret these changes. If an employee…
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Dealing with Medicare Issues in Workers’ Compensation Settlements
Medicare has been paying for injured workers’ medical expenses, even when they should be covered by workers’ compensation or other insurance. The Centers for Medicare and Medicaid Services (CMS) is working to collect the money owed to Medicare for these expenses. Medicare may not pay for medical treatment if it can be covered by workers’…
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Workers’ Compensation Settlements: The Next Generation
Changes to Chapter 440 in the workers’ compensation system now allow claimants and employers to settle claims without a judge’s approval. This means that once a settlement agreement is signed, it cannot be changed without going to regular court. While this makes settling cases easier, it also increases the chances of disputes between employers and…
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Managing Managed Care: An Analysis of Managed Care Within Workers’ Compensation Claims
In 1994, the Florida Legislature changed the way medical issues are handled in workers’ compensation cases. They created a system similar to HMO health plans. But this new system has caused a lot of problems and not many solutions. The authors of this article talk about how insurance companies get approval for their managed care…
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The Use of Medicare Set-aside Trusts in Workers’ Compensation Settlements
The Health Care Financing Administration is cracking down on people who owe money to Medicare. They are working with the Department of Justice to go after insurance companies and lawyers who don’t get Medicare’s approval for settlements involving Medicare patients. Medicare can ask for money back if they paid for medical care that should have…
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What Is That Major Contributing Cause, Anyway?: An Analysis of Major Contributing Cause and Its Application
Before a worker can get workers’ compensation benefits in Florida, they have to prove that their on-the-job injury is the main cause of their injury or death. This new rule created a lot of questions that still don’t have answers. This article looks at how this rule applies when a worker is trying to prove…
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Online Legal Service Platforms and the Path to Access to Justice
When I was born in 1979, there were 26,000 lawyers in Florida. Back then, lawyers had a job and little debt, and they communicated using phones or letters. Now, there are over 100,000 lawyers in Florida, with many young lawyers having lots of student loan debt. They use iPads and iPhones, and socialize on social…
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Be Tweet Life and Death: Utilizing Social Media While Avoiding Legal Malpractice
Social media is a way for people to connect and share information online. It’s become really popular, with billions of people using platforms like Facebook, Twitter, and LinkedIn. This means it’s important for everyone, including lawyers, to learn how to use social media effectively and responsibly. Blawgs are like blogs for lawyers, where they can…
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The Door to a Virtual Law Practice Is Always Open: And the Proper Use of Technology Can Keep It That Way
In the early 1800s, textile workers protested against new technology, just like lawyers have had to adapt to new technology in recent years. With a virtual law office, lawyers can use technology to connect with clients and provide legal services. This means practicing law using computers and the internet. Some lawyers even operate completely online.…
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E-filing from the Local Coffee Shop: A Practical Look into Confidentiality, Technology, and the Practice of Law
In today’s world, technology is a big part of being a lawyer. With e-mail, texting, and other electronic tools, lawyers have to be careful to protect their clients’ privacy. The rules for how lawyers should act don’t change just because of new technology. One lawyer in Iowa got in trouble for not responding to a…
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Loyalty to the Process: Advocacy and Ethics in the Age of E-discovery
In today’s world, almost all information is stored and managed electronically. However, only a small percentage of legal cases involve the discussion of electronically stored information (ESI). This presents new challenges for lawyers, especially those in smaller firms, who may not have the resources for e-discovery. Changes to the rules of civil procedure aim to…
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Continued Revision of the Economic Loss Rule: Statutory Causes of Action Not Barred (Comptech International, Inc. v. Milam Commerce Park, Ltd.)
The economic loss rule has been a hot topic in Florida, with many debates and discussions on its application. Recently, the Florida Supreme Court made some important decisions to provide more clarity on the rule. In the case of Comptech, a company called Comptech sued their landlord, Milam, for damages to their computers due to…
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The Rising Cost of Discovery from Expert Witnesses: Problems and Solutions
In short, the legal firm is being accused of overcharging its clients in a lawsuit filed by the state’s attorney general. The firm denies the allegations and plans to fight the lawsuit in court. The outcome of the case will have a big impact on the legal industry in our state. In litigation, experts are…
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Sunshine in Litigation
Florida has a law called the Sunshine Statute that aims to balance the need for information in a lawsuit with the need to protect business secrets. It’s supposed to help people get information about hazardous products for their lawsuits, but it also tries to prevent unfair advantages for companies and unworthy lawsuits. The Sunshine Statute…