May 6, 2010: The First District Court of Appeal agreed with Mr. Schwartz and dismissed the employer's appeal of a judge's trial order that awarded disputed compensability of a workers' compensation claim to an inured employee and also awarded medical and lost-wage benefits.
April 13, 2010: The First District Court of Appeal agreed with Mr. Schwartz on both points on appeal and affirmed a judge's ruling that awarded payment of interest to an injured worker on late-paid benefits.
January 25, 2010: Mr. Schwartz sucessfully defended an appeal brought by an Employer/Carrier based on the assertion that an undocumented alien worker had not properly "reported" his wages for purposes of establishing his pre-accident average weekly wage.
September 25, 2009: The First District Court of Appeal agreed with Mr. Schwartz and reversed a judge's final order that denied an injured worker all past and future benefits. The Employer had alleged that an out-of-state award of benefits precluded the receipt of benefits under Florida's system.
June 3, 2009: The First District Court of Appeal (1st DCA) of Florida agreed with Mr. Schwartz and reversed a judge's ruling that denied an injured worker all future benefits and taxed costs against her. In its written opinion, the 1st DCA stated that the judge misinterpreted and misapplied the rule of major contributing cause and separately improperly rejected the defense of res judicata, which, if applied, would have prevented the Employer/Carrier from denying previously awarded medical benefits.
June 1, 2009: In a workers' compensation case, Mr. Schwartz prevailed at trial on the issue of compensability for an injured worker whose employer denied that the work accident was its responsibility. Just before trial, Mr. Schwartz also secured a favorable settlement from another defendant, the employee leasing company used by the actual employer.
February 26, 2009: The Florida Supreme Court agreed with Mr. Schwartz and issued a favorable written opinion overturning the First District Court of Appeal (1st DCA), which affirmed a trial judge's denial of fees to an injured worker's attorney. This case implicates the right of all injured workers to contract with an attorney of his/her choice, thus providing claimants with equal access to the court system.
December 2, 2008: In a workers' compensation case, Mr. Schwartz prevailed at trial on the issue of indemnity (lost wage) benefits for an injured worker whose employer wrongfully refused to pay. The employer alleged that the foreign-born employee was not entitled to benefits after it fired her for allegedly not having proper documentions of her right to work in the United States.
March 4, 2008: Mr. Schwartz sucessfully defended against an Employer/Carrier's assertion that the statute of limitations had run against a seriously injured worker. If successful, the E/C's defense would have barred all future medical and indemnity claims. Having prevailed on this bifurcated issue, the claimant must now overcome the issue of whether the work accident remains the major contributing cause of the current need for treatment.
October 12, 2007: Mr. Schwartz was a speaker at the Palm Beach County Bar Association's annual Bench/Bar Conference for the third consecutive year. This year, Mr. Schwartz presented an overview of significant recent appellate opinions and a summary of pending appeals related to attorneys' fees and costs in Florida Workers' Compensation cases.
July 13, 2007: At trial, Mr. Schwartz prevailed on several issues for an injured worker. The court awarded more than nine months of back wage loss benefits, ongoing benefits, and medical care for the IW's back. The court denied compensability of the knee condition, which is presently on appeal. Because the Defendant failed to comply with the court's order in a timely manner, Mr. Schwartz filed a Rule Nisi enforcement action in circuit court. As a result, all awarded benefits have since been provided.
June 13, 2007: At trial, Mr. Schwartz secured a ruling that a 1994 exposure incident remained the major contributing cause of an injured worker's need for medical treatment, which had been denied by her insurance company. Because the Defendants failed to comply with the court's order in a timely manner, Mr. Schwartz filed a Rule Nisi enforcement action in circuit court. As a result, all awarded benefits have since been provided.
