July 2012

Happy news here at Workers’ Comp Corner:  I am officially Board Certified by the Florida Bar! 

Board Certification recognizes an attorney’s special knowledge, skills and proficiency in various areas of law and professionalism and ethics in practice.  It is the highest level of evaluation by the Florida Bar of the competency and experience of an attorney. Only 7% of all Florida attorneys are Board Certified.

In my case, I am Board Certified in Workers’ Compensation law.  I had to try at least 25 cases, practice for at least 5 years, receive positive reviews from my legal peers, and be in good standing with the Bar.   The exam itself is a monster: 100 multiple choice questions, with 4 essay questions.  It takes about 8 hours to complete!

What this means for my blog is that you, the reader, get the benefit of my Board Certification and the years of experience and knowledge I acquire throughout my 10 years in practice.  For my clients, you get even more personal attention than that. 

Overall,  I am very proud to be Board Certified by the Florida Bar, a distinction that separates elite attorneys from the rest of the practice.

A colleague recently presented a new claim she encountered.  A client’s employee was involved in a trucking accident (that same day).  The accident was bad.  The cab flipped and crushed.  The employee was undergoing emergency surgery.

However concerned the Employer was for the injured worker, there was additional concern that the employee was under the influence.  The Employer is not a drug free workplace as defined by section 440.101 and therefore did not have a testing program in compliance with s. 440.102.

What is an Employer to do in a situation like this?  What rights does it have to drug test an injured worker?   (Answer after the jump.) (more…)