Legal Question in Workers Comp in Florida

workmans comp

My son in law has a workman's comp case going. Last month a Judge in Charlotte county decided he was hurt at work, the judge reinstated comp checks with past comp checks to be added up and paid, and my son in law is to be able to see a Dr. again. He also fined compensation for stopping his checks in the first place and added interest to be paid. He also said if my son in law was not paid on time there would be a fine for every day comp was late. He gave workman's comp so many days to appeal. That would be July 28, 2008 A week or so ago workman's comp offered my son in law money to settle the case, my son in law wants what the judge ordered. Comp has now told him they want him to see a DR. to see how bad he is at this point. Over one year after he was hurt. Our question is, can workman's comp offer a settlement for less then the judge ordered and tell my son in law they want him to see a Dr after the Judge already made his ruling? Thanks


Asked on 7/19/08, 3:11 am

2 Answers from Attorneys
Angelo Marino Angelo Marino Jr. PA

Re: workmans comp

First, you should consult a lawyer in your area who does workers' compensation.

The insurance co. can offer anything it wans to settle the case, but your son-in-law does not have to accept it. Obviously, it would be insane to accept less than what the judge ordered. In fact, settlement should be much greater.

I am not exactly clear on the dr situation. If the judge ordered that he can go back to the dr who has treated him in the past, then that is who he should go to. You need to clarify this issue for me. What did the judge exactly rule? The insurance comp can send your son-in-law for an exam, but be careful about this and see a lawyer.

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Answered on 7/21/08, 11:46 am
Mark Zientz Law Offices of Mark L. Zientz, P.A.

Re: workmans comp

I assume your son-in-law has an attorney, otherwise he probably would not have won his case. Tell him to ask his lawyer these questions. If by some chance he is not represented, post this question again and say so.

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Answered on 7/19/08, 10:08 am


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