Tag Archives: defense

Jeffrey P. Gale, P.A. // Carrier’s Obligation to Pay Medical Expenses Despite Drug/Alcohol Impairment Defense

Under Florida law, if a workplace injury was occasioned primarily by the influence of alcohol or drugs, workers’ compensation benefits can be denied. Section 440.09(3), Florida Statutes (2018) (Interestingly, while this section provides that “Compensation is not payable,” with section … Continue reading

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Patrick Babin and Beth Bernstein to Speak at Defense Base Act Seminar

Members Patrick Babin and Beth Bernstein will be speaking at the Dallas DBA Seminar 2019: Trends and Trajectories in Defense Base Act Claims on February 6. Their topic is “DBA Case Law Updates.” Patrick and Beth are members of Mouledoux, … Continue reading

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OALJ Decision Analyzing Average Weekly Wage Important for Defense Base Act Cases

A recent decision from the Office of Administrative Law Judges (OALJ) addressed the interplay between Section 10(i) and Section 10(c) of the Longshore & Harbor Workers’ Compensation Act (LHWCA) in calculating the Claimant’s average weekly wage. Section 10(i) is particularly … Continue reading

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DWI Defense: Attacking the Introduction of the Portable Breath Test (PBT)

Photo credit to Tyler Stewart and the publication News and Tribune The most commonly used device during a DWI investigation is the alcohol screening test device or the portable breath test (PBT). This device is a tool designed to give … Continue reading

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Affirmative Defense: A Guide to Affirmative DWI Defense

Affirmative Defense: A Guide to Affirmative DWI Defense Automatism Defense Using Automatism and Involuntary Intoxication Defense in DWI Cases It’s not often that you’ll get a chance in court to use either the automatism defense or the involuntary intoxication defense. … Continue reading

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