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Workers' compensation case goes to Florida's Supreme Court

If an employee is injured on the job, there are few guarantees about the future. One of the few assurances that employees can rely upon is workers' compensation. This vital part of labor law ensures that employees will get the care they need if they have suffered a workplace illness or injury.

Workers' compensation claims in Florida are often certified by physicians as well as state officials in Tallahassee. The judges called on to rule in these cases are called expert medical advisers. A case can go as far as the Sunshine State's Supreme Court, which may help decide the review of the decisions of these expert medical advisers.

An employee of a school district in Florida suffered a shoulder injury at work in an elementary school and required surgery to recover. This surgery was approved by the workers' compensation board, but she continued to experience pain and a decreased quality of life.

An orthopedic surgeon recommended another surgery, but this doctor was not approved as an expert medical adviser on workers' compensation cases. The case has been elevated to the highest court in Florida because it may challenge the state's separation of powers, pitting the legislature's presumption of the expert medical adviser's opinion as correct against the executive branch's ability to create procedures for these claims.

Workers who have trouble claiming workers' compensation coverage of medical procedures may also have a case for reinstatement of benefits or reimbursement for medical expenses. An attorney is often the best adviser for employees who have been denied coverage after injuries at work.

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Wieland & DeLattre
226 Hillcrest St.
P.O. Box 944
Orlando, FL 32802

Phone: 407-841-7699
Phone: 321-639-4777
Fax: 407-841-2084
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