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Questions Answered by Domenic J. Celeste
2 Answers | Asked in Personal Injury for Florida on
Q: How long should it take my lawyer to counter offer the insurance companies lowball offer in a PI case?

The guilty parties insurance company accepted full liability. I dont understand why it is taking my lawyer weeks to come back with a number after the adjustors lowball offer.

Domenic J. Celeste
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Domenic J. Celeste
answered on Jun 11, 2022

There could be many reasons why your attorney hasn't responded to the offer. I agree that you should ask how much longer until he/she responds and for an explanation as to the process. Your attorney should be keeping you informed of the negotiations anyways since only you can accept an offer... Read more »

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1 Answer | Asked in Workers' Compensation for Florida on
Q: I need some assistance to represent myself in a wc case! I have not been able to find an attorney to take over

there is a PFB already granted by the carrier, there is a pending mediation and evidentiary hearing but there is also a motion that my previous lawyer did not respond to and that among other discrepancies is the cause I'm orphan. I know it will be difficult to find new representation, but I... Read more »

Domenic J. Celeste
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Domenic J. Celeste
answered on May 24, 2022

There is no way that any attorney could give you guidance to represent yourself (nor should they) with the information that you provided. You NEED to immediately consult with an attorney that's licensed to practice law in Florida and that handles workers' compensation cases, especially... Read more »

2 Answers | Asked in Personal Injury and Workers' Compensation for Florida on
Q: Drug test for delta 8?

I work at UPS and got injured on the job. They drug test anybody injured on the job to prove whether or not they were impaired. I use legal delta 8 THC, which shows up the same as illegal delta 9 THC on a drug test. They also use a urine test. Could they still deny me compensation/fire me even... Read more »

Domenic J. Celeste
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Domenic J. Celeste
answered on May 5, 2022

Sure, work comp can deny you compensation and your employer can fire you, but that doesn't mean they are correct or won't suffer consequences for same. Assuming UPS is a drug-free workplace, there would be a presumption that your injury was due to intoxication, but this can be overcome if... Read more »

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1 Answer | Asked in Personal Injury for Florida on
Q: Reviewing an old case online, it is written that the judges final decision was to grant impart and deny impart

What does that mean?

Domenic J. Celeste
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Domenic J. Celeste
answered on Apr 12, 2022

It means that the Judge both approved and denied something (or part of something) that was asked for. Without more information, it's difficult to give any more of an explanation.

1 Answer | Asked in Business Law and Employment Law for Florida on
Q: I think it is a bit of a con that Publix only offers their employees Publix's private stock rather than any perks.

Like instead of giving employees a 5% discount or something, you can invest in our company to be an "owner" of our private stock. Essentially forcing all employees to invest in the company. Even part timers have to work over 1,000 hours in a year to get enrolled into their stock... Read more »

Domenic J. Celeste
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Domenic J. Celeste
answered on Apr 10, 2022

This question does not relate to workers' compensation, which deals with work-related injuries.

1 Answer | Asked in Workers' Compensation for Florida on
Q: I'm on workers comp and have been put on light duty. My employer doesn't call me every day to come in.

Today, they withdrew my entire pay from last week, from my bank account, putting me hundreds in the negative. I only work when they call. Can they do that?

Domenic J. Celeste
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Domenic J. Celeste
answered on Mar 18, 2022

I'd highly recommend that you consult with an attorney that's licensed to practice law in Florida and that regularly handles workers' compensation cases because your question raises a bunch of questions that would be best suited for a telephone conference. It's hard to answer... Read more »

1 Answer | Asked in Personal Injury for Florida on
Q: Accident policy through work is offering a lump sum settlement instead of monthly payments. I am currently paying taxes

On monthly payments. Will I have to pay taxes on lump sum due to a injury I received and on disability.

Domenic J. Celeste
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Domenic J. Celeste
answered on Mar 7, 2022

I'm not quite sure what you mean by your employer's "accident policy." Are you talking about its workers' compensation insurance policy or your employer's short/long-term disability policy? Work comp is tax free whereas short/long-term disability is taxable. I think... Read more »

1 Answer | Asked in Personal Injury, Products Liability, Traffic Tickets and Car Accidents for Florida on
Q: What can I do? Suing GM will take years.My cars totaled price will never get me close to a reliable vehicle I need 4work

Feb 2nd I was doing the speed limit of 65mph around 7pm which was dark out. Upon reaching the top of a hill instantly saw a vehicle stopped in my lane w/out hazards on and rear ended them. I Driving 2010 Buick Enclave w/zero open recalls.but upon impact my seatbelt didn’t lockup nor did a single... Read more »

Domenic J. Celeste
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Domenic J. Celeste
answered on Feb 12, 2022

Firstly, do you have your own car insurance? If so, you need to report this accident to them immediately. If you have car insurance, hopefully they can pay the cost to replace your vehicle, although, I'm sure, it won't be much considering the year of the vehicle. Did the police come to... Read more »

3 Answers | Asked in Car Accidents, Personal Injury, Workers' Compensation and Civil Rights for Florida on
Q: Exceptions to Florida Workers’ Compensation Immunity

I got ran over by a garbage truck and the person drug test came back positive for cocaine the same day and he got fired. Would that fall into intentional tort because he knew what he was doing was wrong and he could injury someone while driving high, especially a commercial vehicle?

Domenic J. Celeste
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Domenic J. Celeste
answered on Feb 12, 2022

Your question suggests that you also work for the same company as the garbage truck driver (this question is in the work comp section and talks about immunity). If that is the case, your employer would be immune from you suing it unless it purposefully put you in harms way or knew of the harm to... Read more »

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2 Answers | Asked in Personal Injury and Workers' Compensation for Florida on
Q: Good morning A dog attack me will I’m working and I broke my elbow I left the work for tow months

I hired a lawyer For personal injury

The insurance cover for dog only 50000$ only

The insurance accept to pay 50000 to me

And after deductible I will get around 27000$

So I say no I refuse the offer my lawyer I can’t get more money because the insurance for dog... Read more »

Domenic J. Celeste
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Domenic J. Celeste
answered on Jan 7, 2022

I'm not sure what you mean by deductible, but, I'm assuming it's for attorney's fees, costs, and, maybe, anything that is owed for your medical care. If that's the case, if $50,000 is the limit, then those things would be deducted from that limit, so you wouldn't be... Read more »

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3 Answers | Asked in Workers' Compensation for Florida on
Q: Are you able to explain the following Florida Statutes? 443.041 and 443.1715.

Sorry, I was in a rush and didn't realize I didn't add the subsections. I received a copy of a recording of my unemployment appeal hearing and it came with F.S. 443.041(3) (Privileged Communications) and 443.1715(1) (Records and Reports). I was specifically concerned with the phrase in... Read more »

Domenic J. Celeste
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Domenic J. Celeste
answered on Dec 20, 2021

To what is this in reference? It's difficult to attempt to answer a question without some context. Also, FS 440 is the workers' compensation statute, so this question may be under the wrong practice type.

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3 Answers | Asked in Workers' Compensation for Florida on
Q: I am supposed to be in a sling that is not documented per workman's comp doctors but now my manager is telling me to

Off or get a note

Domenic J. Celeste
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Domenic J. Celeste
answered on Dec 3, 2021

You should listen to what your work comp doctor says. If the doctor's recommendation to wear a sling is in a medical record, provide it to your employer. If your employer insists that you take the sling off to work, you're violating your doctor's orders. If you listen to your... Read more »

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1 Answer | Asked in Personal Injury, Workers' Compensation and Civil Litigation for Florida on
Q: Reopen workers compensation case.

My attorney told me that my workers compensation claim wasn't worth anything. I got ran over by a garbage truck on 12-11-2019. I didn't receive surgery until 10-22-2020. My orthopedic surgeon put me on permanent Disability. During mediation my attorney told me the value of my case will... Read more »

Domenic J. Celeste
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Domenic J. Celeste
answered on Nov 16, 2021

Unfortunately, once you've settled your work comp case, and especially when a judge has enforced the settlement, there's not much you can do. Usually, if you disagree with the judge's decision, you can appeal to the First District Court, but they don't usually do much, and, most... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Just got a letter from a car accident lawyer. What are my next steps?

I was involved in an accident where both parties were deemed at fault by the officer. We traded information through the officer, and I told the other party I would be filing with my insurance when I got home, and they would be hearing from them.

Today, I received a letter from a local law... Read more »

Domenic J. Celeste
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Domenic J. Celeste
answered on Nov 15, 2021

If you have car insurance, it should defend you against the claim being made against you. If you believe you may have a claim against the other party (say you have injuries, car damages, lost wages, etc), then, just as the other party has done, you'd hire your own attorney. Unless you plan on... Read more »

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5 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for Florida on
Q: I was assaulted by a Dollar tree manager as a customer, what type of lawyer do I need? Criminal and civil?

A Dollar tree manager assaulted me, threw, my cane, shove me & grabed my phone when I told her I was recording her because she wouldn't do a refund on things I had bought 2 mins. earlier w/receipt even though Dollar tree policy is to do so. As soon as I told her I was recording her she... Read more »

Domenic J. Celeste
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Domenic J. Celeste
answered on Nov 7, 2021

If you want to sue to attempt to get some sort of monetary compensation for any injuries that you claim to have sustained, then it would be an attorney licensed to practice law in Florida and who regularly handles personal injury cases. If you want to press criminal charges, it would be an attorney... Read more »

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1 Answer | Asked in Contracts, Personal Injury, Workers' Compensation and Civil Litigation for Florida on
Q: Lawyer paperwork

My workers compensation case is done. I moved to another county. I've been contacting my WC lawyer to get my files so I can give them to my personal injury lawyer but she haven't been returning my calls back. Can i get my files from another facility if i live in a different county if... Read more »

Domenic J. Celeste
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Domenic J. Celeste
answered on Nov 3, 2021

I answered this same question under the workers' compensation topic. Here is my answer: "If your case is over and settled, your work comp attorney should have collected his/her costs from the settlement. These are costs for things, like obtaining your records, on the case. Thus, if your... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Q: Does workers' comp cover travel to and from a work location that isn't my main designated place of work?

Contract employer wrote this in offer: "annualized salary of $100,000 (based on working 40 hours/week) + annualized bonus $10,000 (based on working 40 hours/week) and company offered benefits-The annualized bonus covers any expense that may incur as a part of fulfilling job including but not... Read more »

Domenic J. Celeste
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Domenic J. Celeste
answered on Oct 24, 2021

I'm not sure your question belongs in the workers' compensation section as I don't see anything about you being injured on the job. However, if you were injured, you should look into a free consultation with an attorney licensed to practice law in Florida and who regularly handles... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation, Civil Litigation and Civil Rights for Florida on
Q: Workers Compensation

why my workers comp attorney won't send my personal injury attorney my file case?

Domenic J. Celeste
PREMIUM
Domenic J. Celeste
answered on Oct 18, 2021

Without more information, it's difficult to answer this question. There can be a host of reasons such as your work comp attorney wanting to be paid by your personal injury attorney for documents that he/she will be producing, etc. Really, though, your work comp and personal injury attorneys... Read more »

3 Answers | Asked in Criminal Law, Personal Injury and Small Claims for Florida on
Q: I was assaulted in the workplace, how can I sue the individual who assaulted me?

Already working on a PI case against the employer.

Domenic J. Celeste
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Domenic J. Celeste
answered on Oct 12, 2021

How you can sue the person is the easier answer: hire an attorney licensed to practice law in Florida and who regularly handles personal injury/assault cases to file a lawsuit. Whether you have a strong, recoverable case with sufficient damages is another question, which also requires hiring an... Read more »

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3 Answers | Asked in Employment Law for Florida on
Q: Can my boss fire me for working from home without a sitter for my children?

I work from home and I dont have my kids in daycare because I am home with them. My boss found out and got upset

Domenic J. Celeste
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Domenic J. Celeste
answered on Oct 12, 2021

You can be fired for almost any reason in Florida (with some exceptions). Another questions is whether you being fired was wrongful or not, which may allow you to make a claim against your employer for your termination. To get an answer, or advice, as to that (more important) question, you should... Read more »

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