Florida Workers Compensation Lawyers Blog

I was at a mediation recently with my iPad and I was trying to pull up the website which lists claims filed for worker's compensation benefits with the Judge of Compensation Claims. A person can view a past case at that website. I was having difficulty finding it through the search engines. That led me to post this blog with links to the sites that have helpful information.

Be aware that claim information for injured workers is available online at a website called by different names, such as DOAH Office of the Judges of Compensation Claims OJCC worker's compensation claims Judge's compensation claims and the link to this for Florida cases is: http://www.jcc.state.fl.us/jcc/. When you get there click on search cases on the left hand side about half way down and enter the first and last name you are trying to find. The database covers about the last ten years.

The State of Florida also has a site that gives you information on how a worker's compensation claim should proceed. That site is http://www.myfloridacfo.com/wc/claimflow.html. From that site, you can access forms, frequently asked questions, and more.

Need to find the worker's compensation insurance coverage applicable to your employer? Please click on this site: http://www.myfloridacfo.com/wc/. When you are there, click on the "Proof of Coverage Exemptions Database" icon in the middle of the page, and it will tell you which carriers insure which employers.

Would you like to search the Judge's website to find out how your Florida workers compensation case is proceeding? Just go to http://www.jcc.state.fl.us/jcc/searchjcc/ and simply type in your first name and your last name and then click the "Search" button. You can visit this website to see how your case is proceeding, what claims have been filed, and what attorney's fees have been entered by the judge. This will also tell you when the final order has been entered approving your settlement. This can help you keep track of how your attorney is processing your claim.

There is a new case that was decided by the Florida First DCA on June 28, 2011 called HDV Construction Systems v. Aragon. It is important because it explains that the when a Judge awards Permanent Total Disability it is a benefit that flows into the future; thus, the Court awards Permanent Total Disability into the future where the claimant prevails on his permanent total disability claim.

Where an employer employs an illegal immigrant, alien or undocumented worker, it is helpful for the attorney to depose the employer to establish that it was not important to the employer that the claimant was without the legal right to work in the United States. Once that occurs, the Employer/Carrier cannot utilize the claimant's illegal status to defeat a claim for Permanent Total Disability. Your attorney should rely on the case of Cenvill Development Corp. v. Candelo, 478 So.2d 1168 (Fla. 1st DCA 1985) as support for the permanent total disability claim. Where the Employer knew or should have known of Claimant's illegal status prior to the injury, but continued his employment nonetheless, the Employer/Carrier is precluded from using Claimant's illegal status as a bar to the disability claim.

The injured undocumented worker performing unsafe and difficult work in Florida is protected by worker's compensation law. Florida Statute Section 440.02(15)(a) defines an employee to include alien, whether "lawfully or unlawfully employed." This means that undocumented workers who are injured while hard at work performing, for instance, roofing or other dangerous occupations can expect to obtain appropriate benefits where their employer routinely utilizes undocumented workers.

In a case that makes it more difficult to recover workers' compensation due to mold exposure, the First District Court of Appeals held that the claimant has to establish the level of mold to which the claimant was exposed. In Altman Contractors v. Gibson, 36 Fla. L. Weekly D909, 1st DCA 2011, the court held that Florida Statute Section 440.02(1) required the claimant to establish the level of mold to which the claimant was exposed in the workplace.

This means that the attorney or injured person should send a letter to the employer saying, "Please save the area of mold or mildew causing my breathing/allergic condition or allow me to take a mold measurement before you alter the area." No determination has been made by the court as to what would occur where the mold had been remedied and the employer had not saved the mold for measurement as requested in writing by the employee. Therefore it should be argued that if the employer destroyed mold evidence in disregard of the employee's written request, then this would preclude the applicability of Section 440.02(1) and allow the claim for medical benefits for mold exposure. This is under the same theory as the spoliation of evidence and will require a court ruling for further clarification

In Florida worker's compensation cases, there is no statute of limitations related to medical care for a prosthetic device, which is a medical device inserted into a person to replace or augment a missing limb or body part. This is true provided the use of the prosthetic device is continuous and the Employer/Carrier is aware of its use. The claimant by his worker's compensation attorney has the burden of making this showing.

This law was applied to an injury occurring in 2002 per the First District Court of Appeal in the case of Gore vs. Lee County School Bd., 43 So.3d 846 (Fla. 1st DCA 2010). The Court noted that for accidents occurring prior to 1994, there is no statute of limitations applicable to remedial treatment related to prosthetic devices, as Florida Statutes, Section 440.19 (1)(b)(1993) provided: "No statute of limitations shall apply to the right for remedial attention related to the insertion or attachment of a prosthetic device to any part of the body."

The right of an injured worker hurt in Florida AFTER 1993 to continue to receive medical care for the area where the prosthetic device was utilized or implanted continues based on the Gore case. Although, the legislature removed the statutory provision exempting prostheses from the statute of limitations, that removal did not change the relevant case law which holds that a claimant's continuing use of a medical device or apparatus that is known by the Employer/Carrier tolls the statute of limitations. The Gore case stands for the proposition that so long as a claimant can establish that an employer or carrier has actual knowledge of his or her continued use of the medical apparatus prescribed by the authorized doctor, the statute of limitations is tolled during the period of such use and the claimant can then make a claim for benefits for additional medical care through his workers compensation attorney.

In the case of Kauffman v. Community Inclusions, 36 F.L.W. D623 (March 23, 2011), the First District Court of Appeals significantly limited an attorney's ability to litigate to obtain benefits for an injured worker. In the Kauffman case, the attorney had obtained for the injured worker benefits in the amount of $3,417.03.
The Employer/Carrier strongly contested these benefits, causing the attorney to spend many hours in litigation including attending a final hearing, a fee hearing and an appeal. The First District Court of Appeals agreed that a reasonable attorney's fee was in the amount of $25,075.00, but because the FSA 440.34 limited fees to 25% of the first $5,000.00 of benefits obtained meant the Court could only award the injured worker's attorney a fee of $684.41. This change affects all accidents occurring after July 1, 2009 and puts a chilling effect on the ability of the injured worker to fight for medical care and checks from the insurance company.

What does this mean to the injured worker? If the attorney's hands are tied by the statute such that they will not be able to fight the insurance company when the claimant needs benefits, then those benefits may be unobtainable.

The Florida Workers' Compensation system has three main parties. There is your employer, the insurance company, and you (the injured worker). Unfortunately, the system is written to more protect the insurance company and the employer, rather than you, the claimant! Another group that you will be dealing with if you have an injury on the job are the doctors. Most of the doctors you will encounter in a workers' compensation case are very well trained and do a fine job in helping you recover from your injuries. Others, unfortunately, are more concerned about not irritating the adjuster. They know that the insurance company and their adjusters can send a lot of medical cases (business) their way.

Even the compassionate and pro-patient doctors, however, have to report their findings back to the adjuster. Therefore, whether you have a pro-patient doctor or a pro-insurance company doctor, you must be very careful what information you give the doctor. Florida workers' compensation laws require the doctor to not only send a bill to the insurance carrier, but also a DWC-25 form (written hand-out), and typed reports. The adjuster's job is to see if they can legally deny the claim. Please see our earlier articles on insurance companies and their adjusters.

You must be very truthful in talking to the doctors about your injuries and your medical history. The doctor will very likely ask you about prior accidents or injuries. You had better tell the physician about your prior injuries and accidents, because if you do not, the doctor will report back to the adjuster that you are denying prior matters, and the adjuster will probably run a computer records search on you. They have access to proprietary databases that the public can not get and they can tell if you went to an emergency room (ER) 15+ years ago or even had a fender bender 20 years ago. If they find that you failed to disclose to the doctor information about a prior accident, the adjuster can deny your claim on the basis of fraud. Precise details about how to best handle this and related issues can be best addressed by consulting with an experienced workers' compensation attorney. Workers compensation lawyers deal with this type of problem frequently and can provide simple strategies on how to avoid such problems or resolve them if they have already occurred.

Most people honestly do not remember everything that has happened to them over the years. Most people would not intend to lie to the doctor or to the adjuster, but failure to completely answer some of the medical history questions can create serious problems leading to denial of the case, denial of compensability, and even prosecution for insurance fraud.

Most people think that they know the types of jobs or occupations that are inherently dangerous. And, to be candid, you probably are correct about many of them. However, there are a few surprises and no matter what you are doing, no matter how safe your job or occupation, accidents do happen! Sworn police officers, fire fighters (firemen) and correctional officers are subject to being shot or stabbed in the line of duty. Road patrol officers, in particular, travel tens of thousands of miles a year on our roads and highways and they get into motor vehicle accidents. Construction workers; especially those that work "the high steel" and are involved in large construction projects, such as a new baseball stadium; get injured from carrying incredibly heavy loads or falling from great heights. Roofers also fall from roofs and occasionally get burned (3rd degree burns) by tar that is 500 degrees or more. Electricians get electrocuted, truckers get into truck accidents or injure their backs unloading their trucks, etc., etc. Tree trimmers occasionally fall out of trees and while a fall from ten feet can break bones; what about a thirty of forty foot drop? Get the picture?

There are plenty of dangerous jobs and professions. What may surprise you are the professions that don't sound so dangerous, but are. Also, even in the most harmless sounding jobs, weird things do tend to happen. The purpose of these articles is to open some eyes on what could be a dangerous situation and to advise you as to what to do if you or your co-worker gets in to a workplace accident (on the job injury).

For example, did you know that nursing is an incredibly hazardous profession? The image of a nurse just giving you a pill or taking your temperature doesn't sound bad, but imagine the nurse being exposed to infected blood in the operating room? Or, getting accidentally stuck with a contaminated needle? Certified Nursing Assistants (CNA or C.N.A.) are particularly at risk because they are often the ones who transfer patients. Some patients weigh a great deal. Some patients can not move themselves and are, therefore, a "dead" weight. Some patients have Alzheimer's Disease or other dementia conditions and they can attack the nurse that is helping them!

And these are just some of the "dangerous" jobs. Amazingly, some safe-sounding positions have an element of risk. How does sitting at a desk, on the telephone, answering questions about software sound? Chairs break, people fall. Carpeting nearby gets wrinkled causing a trip and people fall. Sitting so long at a computer can cause carpal tunnel syndrome (CTS or C.T.S.). Working for a florist can mean delivering flowers, and that involves a potential for a car accident. No matter what happens, no matter where it happens, no matter how it happens you should do three things: (1) report it to your boss or supervisor, (2.) request medical help, and (3.) call a workers' compensation lawyer! Most attorneys do not practice workers' compensation (also called w.c., w/c, work comp, or workman's compensation). Call a workers' compensation attorney with a lot of experience for help.

Please see our earlier article on settling your workers' compensation case. You now know that settling an on the job injury case is very different from settling a personal injury case. In a workers' compensation case, there is no jury, the judge can't award you a settlement (also called a verdict or an award). You can only settle a workers' compensation (also called a w/c or work comp) case by compromising with the adjuster. The adjuster and their attorneys have more knowledge and experience than the injured worker so you really need to consult with an experienced workers' compensation lawyer. That helps level the playing field and helps protect your rights.

This compromise is very important and you should understand the basics as to what you are getting and what you are giving up. Again, a workers' compensation attorney is vitally important to make sure you do not get cheated. The adjuster may be a very pleasant person (despite their reputation, many are great people!), but their job is to settle the case for as little money as possible. A work comp lawyer has the job of getting you the most money possible.

The lump sum settlement consists of a lump sum of money, it is tax free (legally), and settlement represents closure. That phase of your life is over. You are free! No more w/c doctors, no more adjusters, no depositions, etc. Those are significant benefits. The downside, however, needs to be considered and that is that the lump sum of money is not a great amount (generally) because it does not include payment for pain and suffering. You experience pain, of course, but under the Florida Workers' Compensation Law, you do not receive compensation for it. Also, if you settle your case, you will no longer receive medical care at the expense of the workers' compensation insurance company. Therefore, you definitely need an experienced workers' compensation lawyer to guide and advise you in not only making a settlement, but in order to do it intelligently and for your ultimate benefit.

Wisconsin's Republican dominated Senate; without any of its Democrat lawmakers; voted Thursday to strip just about all of the collective bargaining rights from the state's public workers. The Democratic Senators purposely stayed out of the state to block a vote and the Republican majority sidestepped that by renaming the measure as merely a procedural question rather than a standard piece of substantive legislation. Thus, both parties resorted to unusual and dramatic "tactics" to either destroy or preserve unions. This procedural move by the Republicans ended an incredibly acrimonious standoff over labor rights and it secured a key victory for Republicans who have targeted unions nationwide.

After the Senate action, Wisconsin's Assembly then passed Governor Scott Walker's radical attack on the rights of free assembly and rights to bargain collectively by a 53-42 margin. There was no Democratic support for the measure and there were four no votes from the GOP. A large crowd of protesters in the capitol gallery exploded into screams, hollering, "Shame! Shame! Shame!," as the Republican lawmakers departed the chamber. Public employees have not only lost most of their decades long standing rights of public assembly and collective bargaining, they have also lost approximately eight (8%) percent of their income.

Walker, the new Governor, sparked a national debate over labor rights for public employees. This is considered a key victory for Republicans; many of whom have specifically targeted unions in general and public workers in specific. Very similar bargaining restrictions are "on the table" in Ohio. The Wisconsin debate resulted in tens of thousands of protesters in the state Capitol for weeks with rallies and demonstrations against Governor Walker's anti-union legislation.

Three interesting aspects of this story have not been sufficiently publicized: (1.) the teacher's unions and most public sector unions were specifically included in the new legislation limiting their rights. These unions opposed the new governor in the last campaign just months ago. The Police and Firemen's unions were specifically excluded from this legislation with their rights remaining intact and they supported this new governor. Even so, the Police and Firemen may be next on the target list. (2.) Wisconsin's budget crisis is nowhere near as bad as most states and the union busting campaign will do very little to fix what problems they do have, but it makes for great political theater and it plays to the radical Republican and Tea Party supporters of the new governor. And, (3.) in Indiana where some lesser such modifications to worker rights was tried, it has not saved the promised money. Public employees have still lost jobs, income, and benefits. It did not fix the budget shortfalls. While outsourcing of public works and services did save money here and there by hiring people for less money and less benefits, the companies that provided these cheaper workers reaped impressive profits such that no real savings took place.

Florida; because of its long standing Southern roots and its philosophies of trying to attract large businesses here has never been a particularly strong union state, but this potentially national trend should be followed closely. Unions not only bargain for salary, they bargain for many things including safer working conditions. In Wisconsin, for example, one of the affected unions protects nurses and a large part of their recent bargaining involved limiting the number of cancer patients a nurse is responsible for at any given time. The issue was not salary, it was patient safety.

Some law firms spend a lot of time, money, and their energies advertising on television. It is very expensive and that should be the first hint to a consumer of legal services that they should be wary. Traditionally, neither lawyers nor doctors ever advertised on television. There is nothing inherently wrong with television ads, but when you make a decision to select a lawyer to hep you through legal minefields, you need to know that those firms that spend hundreds of thousands of dollars (some spend millions) on advertising have to get the money from somewhere! That leaves less money to devote to client's needs. That means less flexibility in handling the fees or costs on their cases. That means that those firms have a much bigger "nut to crack" and must devote their resources to their ad budget.

Plus, the television ads overly simplify the legal realities. You simply can not learn all of the pros and cons of your case, develop a legal strategy, and understand the situation based on a 30 second or even 60 second blurb about how everything will be wonderful if you just hire the firm with the attractive spokesperson and the cool graphics. We all would like life, claims, and litigation to be that simple. Unfortunately, they are not that simple. You need a litigation lawyer who knows the courts and will work with you on a personal basis.

When selecting an attorney to represent you in your workers' compensation case, ask about their credentials. Ask how many cases they have handled that are similar to yours. Ask if there is any conflict of interest. Have they ever represented the defendant or the defendant's insurance company. Ask if they are going to be the attorney representing your legal interests or just a business manager running a fleet of paralegals. Be sure to actually meet with your attorney and get to know them. There is nothing wrong with using a paralegal as an assistant to your attorney. There is nothing wrong with meeting with meeting with a paralegal for some purposes, but you should know your attorney, meet with your attorney, and make sure that they are devoted to your legal needs and not to their ad budget.

Ask your friends, family members, and neighbors who they used for their attorney. How satisfied were they? Were they treated with care and dignity? Check into those attorneys and make the decision that is the best and the most comfortable for you.

First of all, you need to know some of the players in the so called Workers' Compensation System. In Florida, when you get injured on the job you are automatically considered a Claimant or Injured Worker. As the Claimant, you are entitled to two main categories of benefits; necessary medical care and lost wages or indemnity. You only get medical care that is absolutely necessary and dozens of rules apply to what treatment you do or do not get. You don't ever get all of your lost wages and, again, dozens of rules apply that control what you may or may not get. Most people need a workers' compensation lawyer to get the most treatment and lost wages out of the system.

O.K., so you are the Claimant. Lucky you! Your employer is the next party you need to understand. In ordinary circumstances, you provide services (work) and you get paid (hourly, salary, or commission). But, these are not ordinary circumstances. One minute you are an asset to your employer, then due to an accident (regardless of whose fault it may be) and suddenly your are a liability. The employer has to call in the claim to their workers' compensation insurance company. If the employer does not do this or gives incorrect or incomplete information to the insurance carrier, then you need an attorney who actually practices workers' compensation. Very few attorneys practice this field of law.

Now you get the pleasure of dealing with the next player in the system, the adjuster. Even kind and conscientious adjusters can create problems for you. There are some, on the other hand, who take delight in denying benefits. Fortunately, the bad ones are rare and most adjusters do try to do the right thing, but they work in a difficult system. They are overworked, underpaid, and the law that governs what they owe you is very restrictive. So, if the adjuster is doing their job and fulfilling their responsibility to their employer, they often have to deny benefits. They control what doctors you see and control the money. The adjuster may hire a Nurse Case Manager to help them with the provision of medical benefits. Difficulties with either the adjuster or the nurse can often be resolved with the help of your workers' compensation - w/c attorney.

The adjuster works for an insurance company, not a charity or a governmental agency. They are in business to make a profit! The business model for insurance companies is complex, but to put it simply, they collect large premiums, combine them state-wide and invest them, and then pay out on as few claims as possible. They then keep the monies collected or invested that are not paid out on claims. Their "job," therefore, is to pay as little as possible on any given claim and deny claims in their entirety. That increases the profit of their company. They are not evil and they are not "out to get you," but the adjuster is fulfilling their job responsibilities by reducing the amount they pay on your claim, thus reducing or eliminating your benefits. You need to understand their role in the "system." You need an attorney to resolve disputes with the adjuster. While a denial of benefits is "just business" to the adjuster, to you it is very personal. Your finances and, even more importantly, your health are at stake. Check back for more blogs on this and related topics.

On Friday, March 4, 2011, we attended the Broward County Bar Association's 7th Annual Seminar and Conference dedicated solely to the field of Florida Workers' Compensation Law. This was held at the Riverside Hotel on Las Olas Boulevard in Fort Lauderdale, Florida. The speakers included the three Broward County Judges of Compensation Claims: the Hon Daniel A. Lewis, the Hon. Kathryn S. Pecko, and the Hon. Geraldine B. Hogan. Attorneys, mediators, judges, and other professionals from all over the state attended this important educational program.

The Judges of Compensation Claims presented a very candid "View From The Bench" discussion as to how to best handle the difficult procedural steps in securing workers' compensation benefits through the claims process. Also speaking at the conference was the Chief Judge for the State of Florida for workers' compensation, the Hon. David W. Langham, who discussed how all of the judges are trying hard to handle the great volume of cases and how they are trying to effectively administer a justice system that is underfunded, underappreciated, and overworked.

The program was an excellent example of professionalism in that practitioners from all over the state; many of which regularly oppose each other in court; worked together, ate together, and shared a common concern that the system; however difficult it may be; work efficiently and fairly. There was an overall recognition that our state's legitimately injured workers deserve treatment and benefits without unnecessary delay or complications. Sadly, delays and complications do take place.

Some of the other topics that were discussed at length included appeals to the First District Court of Appeal, Medicare Set Asides and how State of Florida Workers' Compensation settlements and the United States Medicare system interact. The settlement of a workers' compensation case can be very tricky and complicated ordinarily, but on certain catastrophic cases and where the injured worker is a Medicare beneficiary, the procedure is particularly treacherous; unless, of course, you have a workers' compensation attorney well versed in the field.

Unfortunately, accidents do take place and should you or your loved ones get into an accident and get injured, you should quickly discuss your case and your needs with an experienced workers' compensation lawyer. We are looking forward to attending future conferences and seminars; especially ones so well prepared and presented.

You had the bad luck to having an on the job injury in Florida. You went to their doctor. (You read our earlier blogs!) Even their doctor says that you can't work. What do you do now? When will you get paid? Who pays you? How much? When?

Now, in addition to worrying about your injury, in addition to being really irritated with yourself for having an accident, you are naturally concerned about your finances. Of course you are worried about your finances! That is totally normal. In Florida it is fortunate that legal assistance is available to help you get paid while you are unable to work and to make sure that you get paid the correct amount and timely. Please consult with a workers' compensation attorney rather than a generalist. Workers' compensation (also known as workman's compensation, workmans comp, or work comp) is a specialized field of law with its own rules, its own system of judges, and its own unique procedures.

Assuming the workers' compensation approved doctor says you just can not work (not even light duty), then the employer's insurance company owes you Temporary Total Disability (TTD). Remember, your own doctor's opinions really do not count in this situation. TTD is paid at 66.66% (or 2/3rds) of your pre-injury Average Weekly Wage (AWW).

While it is true that you are only being paid two thirds of the average weekly wage (averaged from the 13 weeks before the accident) it is at least free of federal income taxes! It is considered "compensation" and not "income" so it is legally tax fee. Temporary Total Disability is paid every other week and while you are receiving it, you can not work! If you have questions as to the precise details, the rules, and the important exceptions to the rules, you should call a workers' compensation lawyer.

This is a complex question and there is a lot of conflicting and inconsistent laws and rules that really complicate matters. Accordingly, we will try to break it down into a logical series of articles. Still, for now you at least need some introductory information. More details will be discussed in future blogs. First of all, you need to know what the lost wages are called in Florida Workers' Compensation. Generally, money that you receive from your employer's insurance while you are off work due to an injury is called, "indemnity." You get indemnity if the workers' compensation doctor (not your own personal doctor) says that you can not work at all. If their doctor says that you can't work at all, then you are entitled to Temporary Total Disability which is often called TTD or T.T.D. If their doctor says that you are on light duty and the employer does not give you a light duty position, then you are entitled to Temporary Partial Disability, also known as TPD or T.P.D.

If the employer does offer you light duty, then you have to do the work. Well, you don't actually have to work, but you don't get paid! If you refuse light duty work, then the insurance company does not owe you TPD (Temporary Partial Disability) because you are voluntarily limiting your income. The employer does not owe you salary in that situation because you are not working. If you do not need the money, then you can say, "No," to the offer of light duty employment. Most of our clients need their income so we advise them to do the light duty work if it is offered. If it is not offered, however, we make sure that the insurance adjuster pays our client the TPD.

There are other categories of benefits, exceptions to the rules and exceptions to the exceptions! Please keep reading further articles on this topic and, of course, you can always call for advice and guidance on what is owed to you.

This is Part Two of an important topic. Please review the prior article and the earlier ones on securing medical care in a workers' compensation case. You really need to know and understand the inherent bias in the system. If the employer or the insurance adjuster sends you to a clinic doctor you have to go. Unfortunately, you do not have the legal right to just go to your own doctor. You can't use your health insurance because they exclude workers' compensation cases and unless you can afford to pay the doctor in cash you are stuck with the workers' compensation doctor so you might as well make the most of it.

The workers' compensation doctors, by the way, are overworked, underpaid (yes, doctors can be underpaid!), and swamped with a difficult bureaucracy. They have to answer to the insurance adjusters (the insurance industry) and try to get you back to work as soon as possible. Now, most people really do want to get back to work, but these doctors are encouraged to return you to work even if you're not quite ready. The best way to handle their "institutional bias" is to be candid, up front, and complete in your discussions with them of your symptoms. You need to know how best to handle the situation.

Write down each and every symptom or injury you have before you see the doctor and give it to them as a part of your medical record. Now, if you can't write things down because your co-worker is rushing you to a clinic or you are in an ambulance, then write these symptoms down for your next appointment. Sign and date the list. Make copies. Keep a few copies for other doctors and one for yourself. Over the four decades that we have represented injured workers in Florida a frequent problem occurs where the employer only reports one injury (the most obvious usually) and the insurance company only authorizes that one part of your case.

Then the authorization sent to the doctor mentions only the one injury and the doctor often will not treat the other injuries. Sometimes the doctor will not even document the record by mentioning the other injuries. You need to be proactive here and you should consult with an experienced workers' compensation lawyer. The great majority of lawyers do not practice workers' compensation and so you should find someone who doesn't just dabble in the field. Consult someone who deals with these types of issues every day! And remember, when you see the workers' compensation doctor, if they are not treating you with dignity and respect as well as actually treating all of your injuries, you need an attorney immediately! Your health depends on it.