The Services We Provide
The most successful workers’ compensation cases involve early intervention, along with a close and careful initial investigation. This allows the legal team and claims adjusters to craft a litigation plan uniquely tailored to the defense of each client. All workers’ compensation cases are unique. Our firm works with the adjuster, nurse case manager and employer to develop a strategy to defend each claim.
Statutory Presumption and Other Issues Unique to First Responders
The attorneys of Broussard, Cullen & Blastic. P.A. offer exceptional experience in defending presumption claims brought under Florida Statute Section 112.18 and Section 112.181. Section 112.18 creates an evidentiary presumption that certain conditions suffered by firefighters/paramedics, law enforcement officers, and correctional officers are compensable under workers’ compensation. These conditions include hypertension and heart disease that would not be covered by workers’ compensation otherwise. To invoke the presumption, there are four elements that need to be satisfied:
- The claimant must be an employer covered by the presumption, i.e., be a firefighter, law enforcement officer, or correctional officer as defined by the Florida Statutes.
- The claimant must have a covered condition (i.e., heart disease or hypertension).
- The claimant must have passed a pre-employment physical that did not reveal evidence of the condition(s) at issue.
- The claimant must demonstrate disability as a result of the condition(s) at issue.
Our firm works with the adjuster, nurse case manager, and employer from the initial reporting of the condition(s) alleged to investigate whether or not the elements have been met and whether a non-work-related cause of the condition(s) can be demonstrated. If necessary, our firm’s attorneys are well-equipped to defend any determination before the judge of compensation claims.
The statutory presumption pertaining to cardiac conditions is one of many issues our firm handles on behalf of governmental entities. The attorneys are also actively involved in the investigation and handling/defense of claims brought under section 112.1815 for post-traumatic stress disorder (PTSD). Further, our attorneys assist clients with the recent claims brought under Section 112.1816, for cancer benefits and work with risk managers to develop early intervention programs.
At Broussard, Cullen & Blastic, P.A., we employ a cost-effective approach to defending our clients without sacrificing service. We believe the best results are achieved when claims handlers and attorneys work side by side in the litigation process. This ensures that defense of claims is consistent with each client’s business models and comports with each client’s business plan.
Our firm provides experienced representation in appeals, petitions, and writs. Broussard, Cullen & Blastic, P.A. has represented clients in appeals to Florida District Courts of Appeal and the Florida Supreme Court. Our attorneys have advocated legal positions for employers, insurance companies, servicing agents and private companies in significant cases resulting in interpretations and changes to the law.