Big Win for a Public Servant
Florida trooper wins permanent disability benefits after a motorcycle accident.
In February of 2020, our client, a Florida State Trooper was involved in a horrific motorcycle accident. A very well-educated trooper with over 30 years of service, who suffered severe physical and mental injuries.
The State of Florida authorized multiple physicians throughout the course of treatment but cut off his much-needed indemnity, missed wage, benefits once he was put at maximum medical improvement. This, in spite of an authorized physician opining that he could not only no longer work as a trooper, but in fact could not work in any capacity. Due to the doctor’s opinion that he was at maximum medical improvement and on a no work duty status, we filed a claim for permanent and total disability benefits. The State of Florida denied entitlement to these benefits and litigation ensued. The state employed a Vocational Expert who opined that due to his education level, he has various post bachelor’s degrees, he would be able to find at least a sedentary position within 50 miles of his residence, which is the standard for one to not be considered permanently and totally disabled under Florida’s workers’ compensation law. The state attempted to offer avenues for settlement or to continue the case, but we refused.
While a lot of law firms would have agreed to continue or to a resolution, we would accept nothing short of the state providing much needed permanent disability benefits to a trooper who has given them over 30 years of his life. We prepared for and proceeded to trial. And Won! The Judge agreed that in spite of the state’s arguments, we were correct, and that the trooper is entitled to permanent disability benefits.
These benefits will help him be able to provide for his family, at a time where can no longer work due to severe injuries he sustained on the job, due to absolutely no fault of his own. Benefits that the Court agreed with us were being wrongfully denied.
Since the beginning of the year, this is one of four trials the attorneys at Lyle B. Masnikoff & Associates have taken to trial, already, and won them all. In fact, we have won our last eight trials in a row. According to multiple legal articles less than 1% of all cases go to trial. While past record does not mean that every case will be a win, or that the outcome will be the same, what it shows is that when you hire us, you are hiring a firm that will zealously fight for your rights, all the way up to and through trial if needed. A skill and strategy many firms do not employ.
Throughout Mr. Masnikoff’s twenty-five year career he has seen countless injured workers be wrongfully denied benefits. We are not afraid to litigate and go to trial so that justice is served on our client’s behalf.
If you or a loved one have been wrongfully denied benefits, do not hesitate to call. The consultation is always free. We practice throughout Florida and you can reach any one of our offices at (772) 461-9181
This article is general information, not legal advice. Every case is different - call (561) 598-7120 for a free consultation about yours.