Legal Question in Workers Comp in Florida

Discontinuance of benifits

I have a friend who had her benifits stopped based upon one Doctor's report. Her contition still exists and at present she has no attorney. Can she appeal without an attorney or is it better to hire one to fight this. Her injury was about 19 years ago and up to last month they were paying her benifits. Now all of a sudden she is ''cured''. This is far fom the case. This is far from the truth. As she has gotten older her condition has gotten worse, which Doctors in the past told her would happen. I have known her for 48 years. She is now in a catch 22 problem. No income which means she can not afford an attorney to appeal this, yet with out a strong appeal being presented her chance of reinstatement appears to be nil. What course of action would you recomend. She lives in Florida in Volusia county and owns her own home which she is now at risk of loosing it. We await your recomendation.


Asked on 5/03/09, 3:54 am

1 Answer from Attorneys
Jane-Robin Wender Wender Law, P.A.

Re: Discontinuance of benifits

She does need a lawyer to file a Petition for benefits with the court seeking reinstatement. The insurance company has lawyers and your friend would not be wise to fight it alone. She also needs to file a claim for a new doctor and under the law that she falls under (which is determined by her date of accident), a lawyer can hire their own expert witness in addition to getting a new doctor. There are many ways to go about fighting this, the complete facts and medical records must be reviewed by a lawyer, but it is definately something that your friend should look into.

Jane-Robin Wender, Esquire 561.272.9510

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Answered on 5/03/09, 11:57 am


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