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Questions Answered by Mitchell Feldman
1 Answer | Asked in Workers' Compensation for Florida on
Q: I have lifelong workers' comp benefits. If I receive money from an inheritance, will I lose or have to repay benefits?

And does it make any different if the money is inherited directly or if it's in a trust for me?

Mitchell Feldman
Mitchell Feldman answered on Jul 5, 2020

No you will not. However you should discuss your options for a lump sum settlement in the Worker’s Compensation case with an attorney. If you die or become disabled because of another accident or injury or simply pass on there’s no value in the case is over. Plus you can settle now and reap the... Read more »

1 Answer | Asked in Medical Malpractice for Florida on
Q: Can I sue a hospital or doctor for wrong diagnosis

I got a wrong diagnosis from a doctor and basically had infection to my spine the whole time went to different hospital and now I have to have spine surgery because of this infection got worse

Mitchell Feldman
Mitchell Feldman answered on May 26, 2020

Well if an earlier diagnosis would have precluded the need for surgery then there could be an instance of medical negligence to file a claim. More facts are needed to know whether the earlier detection of the infection would have precluded the need for surgery.

1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: Georgia wrongful termination FMLA and unemployment

My daughter was (I believe) wrongly terminated by her employer on 4/6/20. She was on FMLA the previous week &non-verbal for mental health reasons & her employer was duly informed of her FMLA week leave. They sent her an email after that requiring her to call in everyday which she... Read more »

Mitchell Feldman
Mitchell Feldman answered on May 4, 2020

If she was approved for FMLA as indicated, she would have a good claim for FMLA interference with rights, and potentially a retaliation claim. Based upon these facts, it is a claim worth obtaining legal representation. You can contact me or anyone else who handles employment claims, and some will... Read more »

2 Answers | Asked in Employment Law for Florida on
Q: Employer claimed my firing was performance-based, but fired two of my subordinates the next day citing COVID-19.

I was a production manager overseeing six staff. I had no idea I was going to be let go. Hadn't received any bad performance reviews nor disciplinary action. They even sent me to additional management training only two weeks earlier. And I regularly worked 50+ hrs/wk (salaried). It seems... Read more »

Mitchell Feldman
Mitchell Feldman answered on Mar 22, 2020

Unfortunately unless you have an employment contract with guaranteed income for a set period of time, you cannot sue your employer for the loss of your job, other than pursue unemployment. A layoff for virus would entitle you to receive unemployment, and moreover, any moment the US government is... Read more »

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6 Answers | Asked in Personal Injury for Florida on
Q: My neighbors dog got out from across the street came across and took a chunk out of my arm. Can I do anything?

They have no insurance

Mitchell Feldman
Mitchell Feldman answered on Feb 11, 2020

Yes. The owner is liable as an act of negligence, and if they have homeowners insurance may cover the dog owner for the claim. Not sure of extent of injury. If no medical treatment needed then may not be of much value. Certainly if stitches or more serious injury and medical expenses incurred... Read more »

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2 Answers | Asked in Car Accidents for Florida on
Q: Hello, I was rear-ended yesterday. No police involved, culprit refusing to pay. What to do?

I have the person's insurance, license, vehicle registration, phone number and some front dash-camera footage of when he hit me. He said he would pay, but he called to insult me and deny anything happened.

Mitchell Feldman
Mitchell Feldman answered on Dec 3, 2019

You can file a claim with your insurance company and provide the other drivers information and they can go after the at fault driver for recovery of the damages. If you have a license plate And drivers name and information obviously you could still pursue a claim cvilly against the person. However... Read more »

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2 Answers | Asked in Employment Law for Georgia on
Q: Is a job allowed to deny an employee the ability to work from home when the employee is undergoing chemotherapy?

The employee has been with the company for 2.5 years, its an outbound call center job. The reason for working at home is because the doctor requires the person to recover for at least 3-5 days. The job is denying me this, I have FMLA already but this is shorting my pay when the person may need to... Read more »

Mitchell Feldman
Mitchell Feldman answered on Nov 22, 2019

Arguably you are suffering from a disability with a cancer diagnosis. So then your employer should engage you in a discussion and interactive process in attempting to accommodate the work restriction. If they have a legitimate business reason why you cannot work from home, then they don't... Read more »

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1 Answer | Asked in Workers' Compensation for Florida on
Q: Thank you all for answering my question about whether or not to have a surgery that I was waiting on authorization for

when I was terminated. I was not on medical leave when the termination happened. I was at work. That is why I'm concerned about going forward with the surgery. Florida is a right to work state, and an employee can be terminated with or without cause. In my case it was without cause. But,... Read more »

Mitchell Feldman
Mitchell Feldman answered on Nov 12, 2019

Well certainly if the termination is retaliatory it would be unlawful and depending upon facts there may be numerous other laws at issue, so again I encourage you to get your situation reviewed by counsel and you may as well contact me if you choose

1 Answer | Asked in Workers' Compensation for Florida on
Q: Hello, I was injured at work and the company approved doctor said that I needed surgery. They submitted the paperwork

for authorization. While waiting for the authorization I was let go from my job. I just received notice from the doctor's office that the authorization had been approved. And they wanted to move forward with the surgery. Am I still allowed to proceed with the surgery? I don't want to be... Read more »

Mitchell Feldman
Mitchell Feldman answered on Nov 11, 2019

If the workers compensation carrier has authorized the surgery, and you have not received any notice of denial of benefits, then yes of course the carrier should be paying 100% for all medical treatment and the surgery. The fact that you were let go, assuming because you could not return to work... Read more »

2 Answers | Asked in Medical Malpractice for Georgia on
Q: My mom has been complaining about leg pain for months (wasn't treated), now her leg is amputated. Medical malpractice?
Mitchell Feldman
Mitchell Feldman answered on Oct 31, 2019

Unfortunately no lawyer and I doubt any medical professional can conclude there has been negligence by any medical professional just based upon this fact. However it may be worth obtaining all records to see if all certain medical protocols that were followed along with any issue of misdiagnosis... Read more »

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2 Answers | Asked in Car Accidents for Florida on
Q: Can a plaintiffs notice of dropping wage and future earning capacity claim be recanted

I have on going lawsuit and proceeding pro sa and my ex lawyer filed that and u was wondering if I can take that back

Mitchell Feldman
Mitchell Feldman answered on Sep 29, 2019

If you have not exceeded the time requirements you may yet be able to amend your interrogatories and your complaint to assert these damages. However if you have sworn answers or deposition testimony that swears you did not suffer such damages then consideration needs to be made based upon that

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2 Answers | Asked in Employment Discrimination for Florida on
Q: I was terminated on my way to work during hurricane Dorian from Abbiejean Russell Care center in Ft. Pierce Fl on 9/2/19

The New administrator is Haitian. I am the director of activities and the residents complained to me 2 times during resident council that the staff always speaks in creole outside their rooms daily. I gave my residents council minutes to the administrator 3x weeks ago for her to sign and she never... Read more »

Mitchell Feldman
Mitchell Feldman answered on Sep 7, 2019

Unfortunately as an employee at will you don’t have any legal claim against your employer other than unemployment given these facts. Seek unemployment.

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1 Answer | Asked in Employment Law for Florida on
Q: my job your manditory 50 hrs a week in management position and recieve paid vacations but only payyou for 40 hours is it
Mitchell Feldman
Mitchell Feldman answered on Aug 27, 2019

Not very clear. But, if your question is whether you are entitled to overtime pay, that depends on all the facts related to your actual job duties. Being called a "manager" does not make you exempt under the law. Many companies simply put 40 hours on pay stubs. This again does not... Read more »

3 Answers | Asked in Legal Malpractice for Georgia on
Q: I have an active case with an attorney, but I haven't been able to contact him, should I hire another lawyer?

I haven't been able to contact, or received contact in over three weeks

Mitchell Feldman
Mitchell Feldman answered on Jun 10, 2019

You have the right in any case to terminate an attorney, but, doing so may subject you to a lien on any future recovery depending upon the stage of things and work done. If you are not receiving communication, and cannot get an appointment, then you may not have a choice. However, you should... Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: HR received a subpoena on my behalf. I am to appear at the court today but I am unable to do so due to short notice.

What am I suppose to do?

Mitchell Feldman
Mitchell Feldman answered on May 29, 2019

Any subpoena to appear requires reasonable notice, and depends on court how many days. Same day is not reasonable notice. I cannot see a court holding you in contempt if you just got served today, assuming it was properly served under the rules. Service was it by mail? fax? email or process... Read more »

1 Answer | Asked in Medical Malpractice for Florida on
Q: Spinal fusion resulted in staph in hardware. 3 surgeries in about 5 weeks, back deformity, on antibiotics 3 years.

Do I have a case? If not, why? I have more details.

Mitchell Feldman
Mitchell Feldman answered on May 27, 2019

You have 2 years from the date of the act you claim to be negligent to file a claim so if it’s been 3 years since the infection you would be passed the legal time to file a lawsuit. However you should consult with a lawyer to be sure. As to the facts, infections occur from surgeries and more... Read more »

2 Answers | Asked in Employment Law for Florida on
Q: In Florida, is my employer required to payout unused PTO if 2+ weeks notice was given?
Mitchell Feldman
Mitchell Feldman answered on May 25, 2019

Not unless it’s in writing and promised.

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1 Answer | Asked in Workers' Compensation for Florida on
Q: Will I receive compensation for missed work? Does reservation of rights mean they can decide later not to pay the dr.?

I filed for workers comp in florida for repetitive stress injury. I was accepted under reservation of rights and they are sending me to a doctor they chose. Does this mean I will be compensated for my past missed work/income? Can they decide later to deny me and make me pay the doctor fees of the... Read more »

Mitchell Feldman
Mitchell Feldman answered on May 12, 2019

Stress is not an injury covered by chapter 440. If you mean repetitive stress fracture that’s different. Assuming it’s the latter you won’t be compensated u less you are out for at least 7 days. They cannot bill you after they authorized a doctor. Most it not all work computer lawyers... Read more »

3 Answers | Asked in Car Accidents for Georgia on
Q: What are my options when the insurance adjuster can't get in touch with their policy holder?

My car was totaled in an accident that the policy holders car was involved in. The other driver was given a citation for failure to yield. I didn't receive any citations. The adjuster states that he needs to speak with the policy holder who wss not the driver at the time of the accident before... Read more »

Mitchell Feldman
Mitchell Feldman answered on Mar 28, 2019

Your best option is to retain a lawyer to help you. I don't think its in your best interest to negotiate on your own. Secondly, you can just have your own insurance company pay the damage and they will subrogate or go after the other driver if your car is totaled and you need the funds to... Read more »

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1 Answer | Asked in Employment Law and Legal Malpractice for Florida on
Q: Is the place I work for responsible for not telling me to wear mask near machines that expel solder fumes and flux?

I work for a solar panel manufacturer and was not told by leadership or any supervisor to wear a mask when near certain machines. In fact, I worked an entire week without once being warned about the fumes and it took a fellow employee telling me about the fumes before i was aware of them.

Mitchell Feldman
Mitchell Feldman answered on Mar 18, 2019

Any employer owes a duty to act reasonable and protect the safety of its employees

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