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Questions Answered by Domenic J. Celeste
2 Answers | Asked in Car Accidents, Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: My son has worked for McDonalds for 20+ years, was in car wreck- totaled car for McDonald errand. Doesn’t have full ins

Doesn’t have full insurance on car and now doesn’t have a car. He is store manager For years) and is on call 7 days a week - goes in on days off etc. got a call at 9pm from employee that the store needed fry boxes asap picked up and needed my son who was at home to go pick up. Used personal... Read more »

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

Since it your seems to have been the one to have caused the accident (unless there was something that the semi-truck did wrong), I don't think your son would have a successful personal injury case verses the semi-truck. Hopefully, your son has bodily injury (BI) protection, which is what the... Read more »

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3 Answers | Asked in Personal Injury and Landlord - Tenant for Florida on
Q: A shelf in my apartment kitchen pantry fell hit me in my right leg and caused a blood clot to form. Can I sue?

Management was aware of the problem.

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

Yes, you can sue. The real question is what, if anything, will you recover? A lot more information is needed to determine how much you may get if successful or if you may even be successful. Remember, there's something called comparative negligence, which reduces your recovery (if you go to... Read more »

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2 Answers | Asked in Personal Injury, Workers' Compensation and Car Accidents for Florida on
Q: injured in a car accident while driving for Contractor for fedex ground delivering packages on budget truck

Injured in a automobile accident at work while delivering packages for FedEx ground through a contractor. Other vehicle failed to yield right away Haven’t received no workers comp or any kind of pay at all. wasn’t able to perform job duties due to my back injury was so I did not go back to... Read more »

Domenic J. Celeste
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Domenic J. Celeste
answered on Sep 6, 2022

It sounds like you have two types of cases here: 1) work comp as you were injured while performing your normal job duties, and 2) personal injury verses the driver of the vehicle that caused your accident. I'm not quite sure why you're not getting work comp benefits, but there's not... Read more »

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1 Answer | Asked in Workers' Compensation for Florida on
Q: Why would workers comp ask me to sign a release giving them access to my social security records?
Domenic J. Celeste
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Domenic J. Celeste
answered on Sep 6, 2022

There may be a situation where there would be an offset between work comp payments and social security payments. Work comp might also be looking into your medical history, to which they're entitled, to determine what conditions you used as a basis for social security benefits or to determine... Read more »

1 Answer | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: How am I supposed to respond to a car crash complaint filed against me with interrogatories when I have insurance?

A complaint from a person in a car crash was filed against me with many interrogatories and questions for me to answer, and they asked that I respond to them. However, my insurance claims representative told me to not worry about anything and that they will handle everything and ask me for help if... Read more »

Domenic J. Celeste
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Domenic J. Celeste
answered on Sep 4, 2022

It seems that you are being sued by the other person involved in the auto accident. In that case, your car insurance will represent you by hiring an attorney, if they haven't done so already. The attorney should reach out to you to discuss the accident, so they know how to answer the complaint... Read more »

3 Answers | Asked in Personal Injury and Products Liability for Florida on
Q: I was served sharp plastic pieces in a frappe from McDonald’s nearly died choking on it. Went to the ER

Nearly died choking on plastic from frappe that I bought from McDonald’s . Immediately went to the nearest gas station and poured my frappe in the sink so that I could see how much plastic was actually in there or if it was just one piece. I found several pieces of very sharp plastic in the... Read more »

Domenic J. Celeste
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Domenic J. Celeste
answered on Sep 2, 2022

I agree that you should immediately speak to an attorney licensed to practice law in Florida and who regularly handles personal injury cases to determine who may be liable here. Typically, since McDonald's is a franchise, there is another company who owns and operates each individual... Read more »

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2 Answers | Asked in Workers' Compensation for Florida on
Q: Need a lawyer to represent me in a workers comp case ...
Domenic J. Celeste
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Domenic J. Celeste
answered on Aug 29, 2022

There are plenty of lawyers who are licensed to practice law in Florida and who regularly handle workers' compensation cases that are available to provide a FREE consultation to discuss your case and possible representation for same. I'd suggest giving one a call.

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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: Is there a time frame in which an employer has to send an injured worker to be seen by a doctor?

I was injured on june 9th and was finally sent to a doctor on june 14th

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

Unfortunately, there is no specific timeframe to be sent to a doctor. 5 days after the date of accident may seem like a long time, but I've seen way longer. Delays in medical care are typical under work comp, even though the Statute says your benefits should be provided quick and efficiently,... Read more »

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2 Answers | Asked in Workers' Compensation for Florida on
Q: Is it possible to get a written statement from my doctor about cause of injury?

My doctor has said several times at my appointment s that it is definitely possible that my injury was caused by my job. He said as far as he is concerned it happened at work its work related however he is not willing to give a written statement. Is there a way legally to get this statement from... Read more »

Domenic J. Celeste
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Domenic J. Celeste
answered on Jul 27, 2022

You could get the doctor to testify in deposition about his opinion, but a big question here is whether this is your own personal treating doctor or an authorized doctor. In Florida, only authorized doctors, IMEs (hired experts who aren't treating you), or EMAs (judge's expert) opinions... Read more »

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3 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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