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Questions Answered by Brian Phillip Vassallo
1 Answer | Asked in Workers' Compensation, Car Accidents and Civil Rights for Florida on
Q: Case closed but case still open with my doctors and I’m unable to see my doctor.

What can I do if my employer never close my case with my doctors and I’m unable to see my doctors? I’m trying to contact them but it’s going to their voicemail. Can I sue them for pain and suffering because of all the stress they’re causing me?

Brian Phillip Vassallo
Brian Phillip Vassallo
answered on Apr 7, 2023

If the indemnity/lost wages portion of your case was settled but the medical portion of your case remained open, you should contact your attorney or an attorney that has experience in workers' compensation cases to help. You may be able to file a petition for benefits seeking continued... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Cannabis & Marijuana Law for Florida on
Q: What can I do about a failed workmans comp drug test for prescription medical marijuana?

My husband cut his hand at work. It was very minor. His employer thought it would be a good idea to go to a doctor and file a claim with workmans comp. My husband told his employer he smoked marijuana and had a prescription, they said it was fine so against his better judgement and at the request... View More

Brian Phillip Vassallo
Brian Phillip Vassallo
answered on Dec 8, 2022

Work comp shouldn't be requiring random drug testing as it relates to the injury and original date of accident unless the authorized treating physician is prescribing medications and drug testing is medically necessary. However, the employer may have a drug free workplace program in place but... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Q: Can a food service deduct 30mins of pay if a break is not taken?

I work part time at an ice cream stand. Owners say 30 minutes breaks must be taken. If too busy to take a break they want us to deduct 30 minutes of pay. Can a food service owner mandate a break even if you would rather work and get paid that additional 30mins

Brian Phillip Vassallo
Brian Phillip Vassallo
answered on May 20, 2024

Since you were not injured at work, your question falls outside of workers compensation law. I think an employment law attorney or one that handles Fair Labor Standards Act (FLSA) matters will be able to answer your question.

2 Answers | Asked in Employment Law and Workers' Compensation for Florida on
Q: I was involve in a roller accident early morning driving a semi due to a blown tire company will not give me details.

I did drug test alcohol test but still was terminated. Trailer roll over I follow all instructions and directions. They still will not tell me why I was terminated. They said it was best to part ways because of insurance liability. I received no tickets. I Had minor left shoulder pain. No tickets... View More

Brian Phillip Vassallo
Brian Phillip Vassallo
answered on Dec 20, 2023

If you were an employee of the company, you may be entitled to workers' compensation benefits. It also appears you may have a personal injury claim, a product or manufacturing defect claim, and/or a retaliation/wrongful termination claim. I would recommend contacting a lawyer(s) to discuss... View More

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