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Author Archives: Jay Butchko

WorkInjuryClaim2

Workers’ Compensation Wage Replacement Categories

By Kobal Law |

Most families live hand to mouth, because they have less than $1,000 in savings. So, a few months without a paycheck, or even a few weeks without a paycheck, is financially devastating. The financial stress aggravates a physical injury, making that injury more difficult, and more expensive, to treat. As a result, job injury… Read More »

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WorkersComp5

Special Issues in Florida Occupational Disease Claims

By Kobal Law |

Most insurance companies define an occupational disease as any chronic ailment that occurs as a result of work or occupational activity. In Florida, this chronic condition must normally be a physical condition. Benefits for mental disabilities, such as Post Traumatic Stress Syndrome, are only available in a few cases, mostly for firefighters and other… Read More »

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Pedestrian

Motorists Fatally Strikes Tampa Pedestrian

By Kobal Law |

Few details were available about an accident involving a motorist and a pedestrian at the intersection of South Carter and West Julia streets. She was pronounced dead at the scene, according to a new release. Evidence in Pedestrian Accident Claims For a Tampa personal injury lawyer, starting from square one is nothing new. Even… Read More »

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WorkersComp6

Workers’ Compensation Settlements Rise

By Kobal Law |

Despite years of lower insurance premiums that have drained money from the system, the average workers’ compensation claim value in Florida increased to $30,000 in 2022. “The large indemnity growth in 2022 was mainly driven by increases in the average pre-injury weekly wage of workers with injuries and duration of temporary disability. In particular,… Read More »

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WorkInjury7

What is the RFC Test for Disability?

By Kobal Law |

Basically, Residual Functional Capacity determines if a Social Security Disability applicant can work at any job (steps four and five of a disability determination) and is thus ineligible for benefits. Disability is a relative term. Dentists must have 100 percent capacity in each hand. Truck drivers can get by with less. Likewise, RFC is… Read More »

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SSDI7

SGA and SSD: A Closer Look

By Kobal Law |

An inability to work, or more specifically an inability to engage in substantial gainful activity, is one of the key elements of a Social Security Disability claim. Applicants must prove they have certain medical conditions that are disabling (i.e. substantially interfere with at least one everyday activity). But a disability is not just a… Read More »

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WorkInjury12

Work-Related Injuries On the Rise in Florida

By Kobal Law |

The numbers for 2022 are finally in, and they aren’t good. For the first time in more than a decade, the number of fatal occupational injuries rose for the third year in a row. Unsurprisingly, the construction and extraction occupational group had the highest number of fatal workplace injuries. The transportation and material moving… Read More »

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CarCrash8

Breaking Down an Alcohol-Related Car Crash in Florida

By Kobal Law |

When the number of alcohol-related crashes spiked during the coronavirus pandemic, many experts hoped the increase was a one-off anomaly. Now, it appears the increase is permanent. The number of alcohol-related crashes has increased, and so has the amount of alcohol consumption. These dual increases are especially bad in Florida, which has one of… Read More »

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WorkersCompensation2

The ‘Reasonably Necessary’ Proof Requirement

By Kobal Law |

To most insurance adjusters, “reasonably necessary” means “cheapest possible.” Likewise, most Claims Examiners, who are basically semi-independent adjusters, don’t consider anything other than the cost when they approve or deny medical bill payment. Cost is one component of the reasonably necessary requirement. But, it’s only one component. At Administrative Law Judge appeal hearings, a… Read More »

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WC_Claim

Seven Occupational Diseases in Florida

By Kobal Law |

After several years of steady decline, workplace absenteeism is once again on the rise. An occupational disease, many of which are discussed below, often causes absenteeism. Other causes include child care issues, workplace injuries, and transportation issues. If disease-related absenteeism lasts more than seven days, benefits are available that replace lost wages and pay… Read More »

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