Legal Question in Workers Comp in Florida

Work comp lawyer wants to settle for less than they owe me in lost wages

So doesn't want to proceed! I had an exam by an independent doctor he said my back had a preexisting condition. Spinal stenosis. The surgeon who did surgery was a work comp doctor to. And wrote a letter stating the surgery was work related due to aggravation 90 percent. So now my lawyer wants me to settle or drop me? I have called other lawyers they say its too far into the case but they will negotiate a settlement. Also for far less than they owe and want me to pay for copays since my insurance paid for all ! So I'm stuck unless I take it to court myself. I wish I could find a lawyer but laws for my lawyer limits payment! No one wants to go to court! So my question is after the evidence is presented is it the judge who makes the decision or Do I have to see a doctor for the court?

Asked on 6/08/13, 9:30 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

The judge decide the facts. But if there is a conflict in the evidence then the Judge could appoint an Expert Medical Advisor and that doctor's opinion has to be accepted by the Court unless clear and convincing evidence can be shown otherwise. Unless you have doctor supporting your opinion of lost wages and whatever care is needed you are going to lose. You really need to find an attorney who can explain what is going to occur in Court so you can decide whether resolution of the current issues or the entire case is actually in your best interests v. losing. Sometimes, especially in workers comp, you have to accept less than you want in order to avoid getting nothing.

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Answered on 6/09/13, 6:01 am
Jane-Robin Wender Wender Law, P.A.

Barry is 100% correct. You can't go forward right now when there is no evidence on your side. At the very least, get that continuance I've been talking about to buy yourself some more time.

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Answered on 6/09/13, 11:11 am

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