How COVID-19 Has Impacted Workers' Compensation

The COVID-19 pandemic has impacted all of our lives in many ways. It has also changed how the entire legal world operates. From zoom hearings to delays in filing, there have been several changes that have altered how legal proceedings work.

Workers’ Compensation has seen a shift as well. In today’s blog, I would like to highlight some of those shifts and show how they can potentially impact or alter your case.

While several other states have amended state policies regarding Workers’ Comp. and COVID-19, Florida is NOT one of those states. While the state has addressed that there are limited circumstances where an employee can receive benefits for contracting COVID-19 “on the job,” it often requires clear and convincing evidence connecting job-related tasks to the exposure to COVID-19. The standards of proof in occupational disease and exposure claims are so high that it is rare for an injured worker to prevail on COVID-19 claims.

Florida’s CFO, Jimmy Patronis issued a finding that if first responders (who are state employees) contract COVID-19 there is a rebuttable presumption that they contracted it during work and it will be compensable under WC, unless the employer can prove otherwise. This presumption does not apply to workers in the private sector.

Since the evolution of the COVID-19 pandemic, Florida case law has highlighted a list of requirements that employees must show to qualify under the occupational disease statute as it relates to COVID-19.

1. The disease must be actually caused by employment conditions that are characteristic of and peculiar to a particular occupation;

2. The disease must be actually contracted during employment in the particular occupation;

3. The occupation must present a particular hazard of the disease occurring so as to distinguish that occupation from usual occupations, or the incidence of the disease must be substantially higher in the occupation than in the usual occupations; and

4. If the disease is an ordinary disease of life, the incidence of such a disease must be substantially higher in the particular occupation than in the general public

I hope this post has been informative and opened your eyes to the complications that COVID-19 has brought to the world of Workers’ Comp. Should you have any questions or want to learn more as it pertains to your case, please do not hesitate to reach out to our office.

***This blog in no way constitutes legal advice and is meant only to be informational in nature. Should you have any questions regarding Workers’ Comp., please do not hesitate to contact our office to schedule your free consultation.

Sources: https://www.flmedical.org/florida/Florida_Public/Docs/Coronavirus/Workers-Comp-and-COVID.pdf

Important Family Law Terminology

            Welcome to the third and final installment of important legal terminology that you should know. I have already covered Bankruptcy and Workers’ Compensation and you can always access my previous posts to refresh your memory on important terms in those two areas.

            Today I am going to focus on all things Family Law, the third practice area that Marcie Baker specializes in.

Alimony: spousal support which may be ordered by the court in a proceeding for dissolution of marriage. Types of alimony include bridge-the-gap, durational, rehabilitative, permanent or retroactive, and may be either temporary or permanent in nature. The court may order periodic payments, payment in lump sum, or both. In determining whether to award alimony, the court must determine whether either party has an actual need for alimony and whether the other party has the ability to pay. The court must consider the factors set forth in section 61.08, Florida Statutes, and must make certain written findings. An alimony award may not leave the paying party with significantly less net income than that of the receiving party without written findings of exceptional circumstances.

Annulment: a marriage can be dissolved in a legal proceeding in which the marriage is declared void, as though it never took place. In the eyes of the law, the parties were never married. It is available only under certain very limited circumstances.

Child Support Guidelines: Each state has child support guidelines that must be followed in awarding child support. (See Florida Child Support Guidelines here.) The guidelines are typically a formula. There are only a few circumstances when the court can award child support higher or lower than the guidelines.

Marital Property: includes all property acquired during the marriage, even if it is not titled in both names, with some exceptions.

Uncontested Divorce: when the defendant is not going to try to stop the divorce and there are no issues for the court to decide about the children, money, or property.

Child Support: money paid from one parent to the other for the benefit of their dependent or minor child(ren). It is important to note that both parents are required to support their children and the calculations reflect this.

Dependent Child/Children: child(ren) who depend on their parent(s) for support either because they are under the age of 18, have a mental or physical disability that prevents them from supporting themselves, or are in high school, between the ages of 18 and 19, and performing in good faith with a reasonable expectation of graduation before the age of 19.

Financial Affidavit: a sworn statement that contains information regarding your income, expenses, assets, and liabilities.

Marital Liability: generally, any debt that you and/or your spouse incurred during the marriage. A debt may only be determined to be nonmarital by agreement of the parties or determination of the judge.

Nonmarital Liability: generally, any debt that you or your spouse incurred before your marriage or since your separation. A debt may only be determined to be nonmarital by either agreement of the parties or determination of the judge.

Permanent Alimony: spousal support ordered to provide for the needs and necessities of life as they were established during the marriage for a party who lacks the financial ability to meet his or her needs and necessities after dissolution of marriage. Permanent alimony is paid at a specified, periodic rate until: modification by a court order; the death of either party; or the remarriage of the party receiving alimony, whichever occurs first. Permanent alimony requires consideration of the factors set forth in section 61.08(2), Florida Statutes, and must include certain written findings by the court.

Shared Parental Responsibility: an arrangement under which both parents have full parental rights and responsibilities for their child(ren), and the parents make major decisions affecting the welfare of the child(ren) jointly. Shared Parental Responsibility is presumptive in Florida.

Time-Sharing Schedule: a timetable that must be included in the Parenting Plan that specifies the time, including overnights and holidays, that a minor child or children will spend with each parent. The time-sharing schedule shall either be developed and agreed to by the parents of a minor child or children and is approved by the court or established by the court if the parents cannot agree, or if their agreed-upon schedule is not approved by the court.

Mediator: a person who is trained and certified to assist parties in reaching an agreement before going to court. Mediators do not take either party’s side and are not allowed to give legal advice. They are only responsible for helping the parties reach an agreement and putting that agreement into writing.

            I hope this blog, like the other terminology blogs, has helped your understanding of often confusing terms and phrases related to family law. If you have any other questions regarding this post or Family law in general, feel free to call our office and we will assist you in the best way that we can!

***This blog is only meant for informational purposes and in no way constitutes legal advice of any kind. Should you have any questions regarding a family law claim, please do not hesitate to fill out our contact form to schedule your free consultation.

Sources: http://www.divorcelawinfo.com/gloss.htm

https://www.flcourts.org/content/download/403042/file/902e.pdf

https://help.flcourts.org/Get-Started/Legal-Terms

What Your Attorney Wishes You Knew

    It’s hard to believe we are already almost halfway through February! I would like this week’s blog to cover some easy tips and tricks to make both your, and your attorney’s life just a bit easier when working on your case. Welcome to, “What your attorney wishes you knew.”

- We can’t change the law. While attorneys will do their best to work on your case diligently to get you the best outcome, we do still have to abide by what the law says. If this means you can only get a certain amount of compensation for your Work Comp. case or there will be a division of assets in your divorce, we can only work within the boundaries of the law. Outcomes may not always be what you hoped, but we will do our best to find the best result for you.

- Time is money. When you begin an attorney-client relationship your attorney will explain what fees you will owe, how you will be billed, and so on. You need to understand that any time spent talking to your attorney could contribute to your bill since we are on the clock whenever working on your cases. And as a courtesy matter – pay your bills on time or work out a payment plan with your attorney so they aren’t wasting time tracking you down to get your bills paid.

- You and your life are an open book. During a divorce, privacy is almost non-existent. Your social media, employment, and finances are all a part of helping the court determine how to resolve your case most equitably. Especially when children are involved, anything negative that you post on social media or document doing can be used against you. Think twice before acting or posting.

- Pick your battles. This is especially true for divorce cases. While you and your spouse should try and compromise for division of assets, time-sharing, and all of that, don’t waste your time arguing about who gets to keep the Keurig or Nespresso machine. This will just add costs and prolong your case more than you and your attorney want it to be.

- Don’t forget attorneys are people too. No, we aren’t available at 3AM to answer your “quick question.” And if you have an appointment, stick to it and be on time. Attorneys scheduled you into their day for a reason, and you being late or a no-show is a waste of their time and your money. Attorneys also have other clients – so wasting their time can also negatively impact other clients and is just plain rude. If you have a sudden emergency or conflict, let your attorney know so that they can plan accordingly. Last-minute cancellation for good reason is much better than not showing up and not explaining why. We all need time to step away from the office and spend time with our families – so it is unrealistic for you to expect that your attorney will be available 24/7 for all of your needs.

    I hope you have found this blog to be both informational and helpful and what you should do to prepare to have as smooth a legal case as possible. As always, please reach out to our office with any questions or concerns.

***This blog is meant to serve informational purposes only and does not constitute any form of legal advice. Should you or someone you know have any questions regarding a case, please reach out to our office to schedule a free consultation.

Sources: https://www.nclawyersforyou.com/ten-things-lawyer-wishes-knew.html https://www.lawofficespace.com/5-things-lawyers-wish-everyone-would-stop-doing

Getting to Know Bankruptcy Terminology

        A few weeks ago, I wrote a post dedicated to Workers’ Compensation terminology to help clarify any confusion you may have. Today, I want to do a similar post dedicated to one of Marcie Baker’s other practice areas: Chapter 7 Bankruptcy.

        I have included many of the terms I think will be of importance to you and your case, but should you want to see these and more check out the linked sources below!

Automatic Stay: An injunction that automatically stops lawsuits, foreclosures, garnishments, and all collection activity against the debtor the moment a bankruptcy petition is filed.

Chapter 7: The chapter of the Bankruptcy Code provides for "liquidation," i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors.

Equity: The value of a debtor's interest in property that remains after liens and other creditors' interests are considered. (Example: If a house valued at $60,000 is subject to a $30,000 mortgage, there is $30,000 of equity.)

Chapter 7 Trustee: A person appointed in a chapter 7 case to represent the interests of the bankruptcy estate and the unsecured creditors. The trustee's responsibilities include reviewing the debtor's petition and schedules, liquidating the property of the estate, and making distributions to creditors. The trustee may also bring actions against creditors or the debtor to recover property of the bankruptcy estate.

Non-dischargeable Debt: A debt that cannot be eliminated in bankruptcy.

Fresh Start: The characterization of a debtor's status after bankruptcy, i.e., free of most debts. Giving debtors a fresh start is one purpose of the Bankruptcy Code.

Exempt Property: the property you do not have to forfeit when filing for Chapter 7 bankruptcy.

The Means Test: To be eligible to file Chapter 7 bankruptcy, you must pass the means-test. It requires borrowers to earn below a specified income. The income is based on the median income of similar household sizes. The median income is determined by the U.S. Census and is updated frequently.

Statement of Financial Affairs: A series of questions the debtor must answer in writing concerning sources of income, transfers of property, lawsuits by creditors, etc. There is an official form a debtor must use.

Reaffirmation Agreement: An agreement by a chapter 7 debtor to continue paying a dischargeable debt after the bankruptcy, usually for the purpose of keeping collateral or mortgaged property that would otherwise be subject to repossession.

Creditor: A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor.

        I hope that these definitions help you as you navigate your Bankruptcy claim. Should you require further clarification or would like to consult about a potential Chapter 7 Bankruptcy filing, please do not hesitate to contact our office to schedule your free consultation.

***This blog is solely for informational purposes and does not constitute legal advice. Should you have any questions regarding Chapter 7 Bankruptcy or Bankruptcy in general, please fill out our contact form to schedule your free consultation.

Sources: https://www.mow.uscourts.gov/sites/mow/files/bankterm.pdf https://www.floridalegaladvice.com/blog/florida-bankruptcy/

What are Depositions?

    Whether you are dealing with a Work Comp. claim or a Family Law dispute, there are many ways to go about obtaining evidence to further your case. One often-used method is something called a deposition. Today I want to delve deeper into what a deposition is so that you can understand what this means for your claim/case.

    According to the Legal Information Institute, a deposition is “a witness’s sworn out-of-court testimony used to gather information as part of the discovery process.” While the premise of all depositions is relatively similar, I am going to break down the differences when it comes to a Work Comp. deposition vs. a Family Law deposition.

Work Comp.

    A workers’ comp. deposition is one of the first opportunities for the injured worker to make an impression on the insurance company. In a Florida Work Comp. deposition there may be several people present in the room. Generally, this consists of the injured worker, their attorney, the defense attorney, and a court reporter to make an official record of the proceedings. Of course, in today's world the depositions may take place over Zoom so that everyone is in a digital meeting room!

    There are a number of questions that you may be asked during your Work Comp. deposition. Here are just a few examples:

- Medical history (can include general health questions)

- Any prior Work Comp. injuries

- Job title and description of job

- How the injury occurred

- When the injury was reported and to whom

- Treatment, if any, that was received prior to the deposition and what your work status has been determined to be as of that time.

    It is always best to discuss any confusion or concerns with your attorney regarding depositions. Additionally, it is important to give full and accurate information during the course of your deposition.

Family Law

    Much like Workers’ Comp., a deposition in Family Law is a critically important tool in gathering evidence about your dispute.

    While depositions are an important tool, they can also be incredibly expensive, and this is something to keep in mind as your case continues to move forward. In order to conduct a deposition in Florida, the other party must be given notice of the deposition’s time, location, and names of the person/persons to be deposed.

    Some questions that you may be asked are:

- How long you have been married

- If there are any children and their ages

- Your current and past employment history

- Your educational history

- Where you live and the type of residence that you have

- Other background information like birthday and various personal history

    Again, it is best to iron out any issues or concerns that you may have with your attorney. Here too, it is important to be truthful and make sure you fully understand what is going on during the process.

    I hope that you have found this explanation of depositions as well as their meanings in the Family Law and Work Comp. context helpful. Depositions can be a great tool to learn more about a case and should not be something for you to worry about. Should you have any other questions or need further clarification, please do not hesitate to contact our office so that we can assist you to the best of our ability!

***The thoughts, facts, and explanations contained in this blog are meant to serve as informational only. They in no way constitute legal advice. Should you have any questions about your claim, please fill out our contact form to schedule your free consultation.

Sources: https://www.law.cornell.edu/wex/deposition

https://cjsmithlaw.com/resources-injured-workers/florida-workers-compensation-deposition/

https://www.floridadivorcelawfirm.com/depositions#:~:text=Depositions%20allow%20one%20party's%20attorney,a%20litigant's%20discovery%20tool%20kit.

https://www.myfloridalaw.com/how-to-prepare-for-a-deposition/

Deciphering Workers’ Comp. Terminology

Becoming injured on the job can be very stressful. Having to file a Workers’ Comp. claim can be confusing, complicated, and leave you searching for answers. Today I have decided to take some time to define terms and phrases that may come up during your case so that you can be better prepared throughout the course of your claim.

Maximum Medical Improvement (MMI): A medical report written by a treating physician that describes the injured worker’s medical condition when it has stabilized.

Permanent Partial Disability (PPD): Payments to a worker who can still work, but whose ability to compete in the open labor market is reduced on a permanent basis after reaching MMI.

Temporary Partial Disability (TPD): Payments to a worker who can do some work while recovering but who earns less than 80% of their average weekly wage during the 91 days before the injury.

Arising Out of Employment (AOE): caused by a worker’s job and occurring while working. An injury or illness must be AOE to be covered by workers’ compensation.

Independent Medical Evaluator (IME): A physician selected to determine the cause of the medical condition, the permanent impairment of the injury, and/or the permanent limitations, if any, that the worker has sustained.

Primary Treating Physician (PTP): The doctor who is responsible for managing the overall care of the injured worker and who writes medical reports that affect the worker’s benefits.

Vocational Rehabilitation (VR): Once a physician determines that an injured worker is medically eligible and unable to return to his or her previous type of work, the employer or injured worker may choose to select a rehabilitation counselor to help determine whether vocational rehabilitation is feasible, and if appropriate, develop a suitable rehabilitation plan.

Work Restrictions: A doctor’s description of clear and specific limits on an injured worker’s job tasks, usually designed to protect the worker from further injury.

Specific Injury: An injury that was caused by one event at work. Examples: hurting your back in a fall, getting burned by a chemical that splashes on your skin, getting hurt in a car accident while making deliveries.

I hope today’s post has given you a better understanding of the legal world of Workers’ Comp. Should you have any further questions please do not hesitate to reach out to our office!

**This blog is for informational purposes only and does not constitute legal advice. If you have any questions regarding a Workers’ Compensation case you have, please fill out our contact sheet to schedule a free consultation with Marcie Baker.

Sources: https://www.guideone.com/safety-resources/workers-compensation-glossary-terms

Parenting Plans: How They Impact Schedules, Vacations, and Holidays

            Minor children create an entire new layer of requirements to understand and follow when it comes to getting a divorce in Florida. Florida law requires that parenting plans are filed with a dissolution of marriage if there are minor children involved.

            Contrary to popular belief, custody law in Florida does not give a preference to mothers or fathers, but instead takes the specific facts and circumstances of each case into account when deciding issues regarding parenting plans.

            There are many types of parenting plan schedules in Florida. For example:

-          Weekly Exchange. This is pretty straightforward. The child/children will be with mom for a week, and then dad for a week. This works best when work schedules are similar for both parents.

-          2-3-2. This is also a weekly schedule but with a different setup. For example, one week dad will have the child/children for 2 days, then mom for 3 days, then back to dad for 2. The following week it will be flipped so that the child/children are with mom for 2 days, dad for three days, and back to mom for two days.

-          Two Weeks. This is similar to the weekly exchange. However, this arrangement allows the child/children more time in each home and works better for busier schedules for both parents and children who may be involved in extracurriculars.

-          **There are others as well, but as I have said before, the specific circumstances of your case will determine just how the time is split while also taking the child’s best interests into account.

            With time-sharing also comes the issue of holidays, vacations, and breaks and how these will affect the child and be split by each parent. The most important thing when it comes to this part of the parenting plan is compromise.

            Here are some tips when it comes to deciding how to split time for holidays, summer break, and any planned vacation time:

-          Be specific. Be clear when holiday visits begin and end. For example, if time is split over Christmas Eve and Christmas day, specify things like, “time with mom starts at 3pm Christmas Eve and ends 9am Christmas Day.”

-          Make a transportation plan. Clarify which parent is dropping off/picking up as well as agreeing on a drop-off/pick-up location. This could be at either parent’s house, a public location in the middle, or an agreed-upon location detailed in the plan.

-          Plan vacation and break time for the whole year. This way there are fixed dates detailed in the plan that are agreed-upon by both parties. It also gives the children more of a schedule and ability to know when and with whom they are spending vacation and holiday time.

-          Work together when possible. For example, if there was a previous family tradition of big birthday parties, try and keep that as similar as possible for your child, especially if you and your spouse have a working relationship.

            Ultimately, the schedule that works best for one family may not be the one that is best for yours. It will take time, patience, understanding, and compromise to reach an agreement that works for your family and takes your child/children’s best interest into account. Florida law requires a parenting plan, but this does not mean you have to lose precious time with your children. The end goal is that everyone finds a beneficial arrangement that makes life easy for all.

***The content, facts, and thoughts of this blog are meant to be informational and in no way constitute legal advice. If you have any questions relating to family law issues or a claim that you may have, please do not hesitate to contact Marcie Baker to schedule your free consultation.

Sources: https://www.floridalegaladvice.com/blog/child-custody/

https://www.custodyxchange.com/topics/holidays/holiday-schedule-plan.php

https://www.ourfamilywizard.com/blog/vacations-and-parenting-plans#:~:text=When%20vacation%20time%20is%20given%20precedence%20over%20the,vacation%20time%20that%20will%20occur%20throughout%20the%20year.