Tag Archives: P.A.

Jeffrey P. Gale, P.A. // Here We Go Again — Florida Workers’ Compensation Law Under Assault

Here’s a simple truth: Because a claimant (injured worker) proceeding “without the aid of competent counsel” is as “helpless as a turtle on its back,” Davis v. Keeto, Inc., 463 So.2d 368, 371 (Fla. 1st DCA 1985) (quoting Neylon v. … Continue reading

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Jeffrey P. Gale, P.A. // Key to Defeating Florida Workers’ Compensation Drug Defense is Preventing Presumption of Impairment

A popular defense utilized by Florida employers and their workers’ compensation insurance carriers (E/C) to keep from having to pay workers’ compensation benefits is the drug defense under section 440.09(3), Florida Statutes. In pertinent part, the section provides as follows: … Continue reading

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Jeffrey P. Gale, P.A. // Lien Law of a Florida Public Health Care System Hospital Declared Unconstitutional

Hospital liens have been the bane of every Florida personal injury lawyer’s existence. Perhaps no longer. An enforceable lien is the right to receive a monetary payment from a particular person or entity, known as a third party, to satisfy … Continue reading

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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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Jeffrey P. Gale, P.A. // Non-Delegable Duty in Florida Personal Injury Cases

We have pending on appeal before the Third District Court of Appeal the question whether a homeowner’s association is liable under the non-delegable duty doctrine for the negligence of a third party. The association undertook the reconstruction of a boat … Continue reading

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