Tampa Employment Defense Blog | Employment Discrimination Defense Lawyer

Posted By Rhett C. Metheney 3-Dec-2021

New Attorney Joins Firm

Cristal Law Group is pleased to announce that Pamela A. Walton, Esq. has recently joined the firm. Pamela was born and raised in the Midwest. She obtained her BA from Kent State University in 1989 with a double major in Criminal Justice and English. ...

Posted By Ben H. Cristal 24-Nov-2021

Surviving The Impact Of Covid-19: V. New Florida Law Restricts Employer Vaccine Mandates

New Law The Federal government has been steadily creating more regulations to have various types of employers mandate their employees be vaccinated for COVID-19. Florida employers now have additional considerations besides following the status of the ...

Posted By Cristal Law Group 16-Jun-2020

New Attorney Joins Firm

News & Announcements New Attorney Joins Firm Posted on June 16, 2020 by Cristal Law Group Cristal Law Group is pleased to announce that Starlene D. McGory, Esq. (“Star”) has recently joined the firm. Starlene brings over 20 years of ...

Posted By Deirdre Aretini 17-Apr-2018

Worker's Compensation Case Law Update: Limits on the Remedial Medical Treatment Exception to the Statute of Limitations Defense

In Ring Power Corp. v. Murphy, No. 1D17-1316 (Fla. 1 st DCA Feb. 23, 2018) [1] , Florida’s First District Court of Appeals held that an implanted medical device that serves a temporary purpose does not toll the two (2) year statute of ...

Posted By Crystal Corry 29-Mar-2018

Judging Misconduct In The Workplace- Recent JCC Decisions Regarding An Interpretation Of The Misconduct Defense Under 440.15(4)(E), Which Precludes An Injured Worker's Entitlement To Temporary Partial Disability Benefits

I. Relevant Statutes: Misconduct Defense- “The Law” Sexual harassment, bullying, and incidents of violence- all too prevalent headlines stream across the screens of our daily lives time and again. As such, it may be no surprise that these ...

Posted By Charlotte Kelly 20-Feb-2018

Retaliation Claims

After an employee experiences an on-the-job injury, employers must also address the daunting reality of potentially dealing with an associated retaliation claim. Workers' Compensation retaliation claims are totally separate from the ...

Posted By Starlene McGory 22-Jan-2018

Adjuster Depositions - Do's and Don'ts

As an adjuster in a workers’ compensation matter, giving a deposition to claimant’s counsel is usually the last thing an adjuster looks forward to doing or has time to do. The day to day rigors of claims adjusting are enough, i.e. making ...

Posted By Crystal Corry 9-Jan-2018

Updated Case Law And Recent Jcc Decisions Re The Injured Worker's Right To A One Time Change Of Physician As Per 440.13 (2)(F)

“When you play the game of thrones, you win or die. There is no middle ground”- Cersei Lannister - Season 1, Episode 7 Cersei Lannister, queen of the seven kingdoms and member of the wealthiest and most powerful family in Westeros, gives ...

Posted By Deirdre Aretini 4-Jan-2018

Employer Reminder: Don't Use Settlement Agreements to Stop Employees from Filing EEOC Complaints

Amid the deluge of sexual harassment allegations involving a broad spectrum of high-profile men, the Equal Employment Opportunity Chairperson (EEOC) Chai Feldblum wants to remind employers of the limits on employment settlement agreements. Feldbaum ...

Posted By Paulette Brown 28-Dec-2017

Timely Reporting of An Injury

Was the accident reported timely? The question would appear to be quite simple, but in most cases, if you are questioning whether the accident was reported timely then the facts of that case may not be that simple. According to Section 440.185, ...

Posted By Marko Crespo 20-Dec-2017

Misconduct in the Workplace and Suspending Temporary Partial Disability Payments

Misconduct is defined in Section 440.02(18) as the following: (a) Conduct evincing such willful or wanton disregard of an employer’s interests as is found in deliberate violation or disregard of standards of behavior which the employer has ...

Posted By Crystal Corry 1-Dec-2017

REASONABLENESS OF TRAVEL TIME/DISTANCE ASSOCIATED WITH AUTHORIZED WORKERS' COMPENSATION PHYSICIANS

“Only those who will risk going too far can possibly find out how far one can go” - T.S. Eliot Must we go too far to discover just how far we can go…… Pushing the envelope… challenging limits of our ...

Posted By Starlene McGory 15-Nov-2017

Recoupment of Overpayments of Indemnity Benefits in Workers' Compensation

In workers’ compensation cases, an employee/injured worker may be entitled to temporary indemnity benefits from the workers’ compensation carrier following an industrial accident. If such benefits are paid, overpayments of such benefits ...

Posted By Deirdre F. Aretini 17-Oct-2017

The End of DACA and Dos and Don'ts for Employers

As of the today’s date, Congress and the Trump Administration have been unable to strike a deal that would halt the termination of the Obama-era program designed to protect young, undocumented immigrants often referred to as ...

Posted By Marko Crespo 5-Oct-2017

Benefits for Mental or Nervous Injury

The First District Court of Appeals recently rendered a decision that is consistent with prior rulings regarding the payment of benefits for a mental or nervous injury stemming form a compensable physical accident in Utopia Home Care/Guarantee ...

Posted By Starlene McGory 14-Sep-2017

Statute of Limitations: Practical Application

What happens when an injured worker comes back more than two years after a compensable worker’s compensation accident and requests medical care or other worker’s compensation benefit? Should you authorize or deny the request or claim? ...

Posted By Crystal Corry 21-Aug-2017

Feeding Frenzy: What You Should Know About Attorney's Fees

Q- Why don’t sharks eat lawyers? A- Professional Courtesy. Yes, a bad lawyer joke folks. Love or hate them – they are here to stay as part of our “culture”. Lawyers, sharks….. as summer time comes to close with a solar ...

Posted By Deirdre F. Aretini 14-Aug-2017

Don't Get Tripped up by Travel Time Pay

Don’t Get Tripped up by Travel Time Pay Travel pay and compliance with the Fair Labor Standards Act (FLSA) for non-exempt hourly employees is a confusing subject for most employers and for good reason. While most questions require a ...

Posted By Marko Crespo 24-Jul-2017

One-Time Changes

While there are many time-sensitive related matters in workers’ compensation, one of the most important issues is the request for a one-time change of physician. Under Section 440.13(2)(f) of the Florida Statutes, “Upon the written ...

Posted By Paulette Brown 12-Jul-2017

Helpful Tips To Avoid A Stop-Work Order Being Issued On Your Company

Construction Industry - One (1) or more employees, including the owner of the business who are corporate officers or Limited Liability Company (LLC), there needs to be valid exemptions* for all at that company filed with the State of Florida or valid ...

Posted By Starlene McGory 29-Jun-2017

Permanent Total Disability 101

When a worker is injured on the job in the state of Florida, Florida Statute Chapter 440 outlines the benefits an injured worker may be entitled to, which includes various medical and indemnity benefits. On the indemnity side, these benefits ...

Posted By Crystal Corry 13-Jun-2017

WAIVER OF MEDICAL NECESSITY - SUMMARY OF RELEVANT STATUTES

WAIVER OF MEDICAL NECESSITY - SUMMARY OF RELEVANT STATUTES Sometimes the best thing said is nothing at all - an expression that can often provide valuable advice, but not when it comes to the statutory provision of 440.13(3) (d) and (i), Fla. Stat. ...

Posted By Deirdre Aretini 22-May-2017

5 Facts about Workers' Comp Reform, Castellanos, and Westphal

5 Facts about Workers’ Comp Reform, Castellanos, and Westphal Confused about what the recent Florida Supreme Court decisions in Castellanos v. Next Door Company, Westphal v. City of St. Petersburg, and the Florida legislature’s failure to ...

Posted By Marko Crespo 8-May-2017

Basics of the Average Weekly Wage

In a post Castellanos world, locking down the average weekly wage at an early stage is as important as ever. Claimant’s attorneys now have more of a reason to follow up on issues such as a mere adjustment of the average weekly wage. Although ...

Posted By Ben Cristal 3-May-2017

CASE LAW ALERT: AT&T Communications and Sedgwick CMS v. Victoria Murray Rosso

CASE LAW ALERT: AT&T Communications and Sedgwick CMS v. Victoria Murray Rosso The 1st DCA just issued an opinion in which the Court upheld an award for lawn care services to a claimant as “competent, substantial evidence (CSE) supports the ...

Blog

Blog

New Attorney Joins Firm

Surviving The Impact Of Covid-19: V. New Florida Law Restricts Employer Vaccine Mandates

New Attorney Joins Firm

Worker's Compensation Case Law Update: Limits on the Remedial Medical Treatment Exception to the Statute of Limitations Defense

Judging Misconduct In The Workplace- Recent JCC Decisions Regarding An Interpretation Of The Misconduct Defense Under 440.15(4)(E), Which Precludes An Injured Worker's Entitlement To Temporary Partial Disability Benefits

Retaliation Claims

Adjuster Depositions - Do's and Don'ts

Updated Case Law And Recent Jcc Decisions Re The Injured Worker's Right To A One Time Change Of Physician As Per 440.13 (2)(F)

Employer Reminder: Don't Use Settlement Agreements to Stop Employees from Filing EEOC Complaints

Timely Reporting of An Injury

Misconduct in the Workplace and Suspending Temporary Partial Disability Payments

REASONABLENESS OF TRAVEL TIME/DISTANCE ASSOCIATED WITH AUTHORIZED WORKERS' COMPENSATION PHYSICIANS

Recoupment of Overpayments of Indemnity Benefits in Workers' Compensation

The End of DACA and Dos and Don'ts for Employers

Benefits for Mental or Nervous Injury

Statute of Limitations: Practical Application

Feeding Frenzy: What You Should Know About Attorney's Fees

Don't Get Tripped up by Travel Time Pay

One-Time Changes

Helpful Tips To Avoid A Stop-Work Order Being Issued On Your Company

Permanent Total Disability 101

WAIVER OF MEDICAL NECESSITY - SUMMARY OF RELEVANT STATUTES

5 Facts about Workers' Comp Reform, Castellanos, and Westphal

Basics of the Average Weekly Wage

CASE LAW ALERT: AT&T Communications and Sedgwick CMS v. Victoria Murray Rosso

Served With A Lawsuit or Complaint By An Employee?

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