As a young man I learned a lot about hard work and the importance of helping people in need. I saw how trial lawyers helped people in need, taking cases to trial and from that moment forward, the law has been my passion.

Following graduation from high school and the University of Tampa, I entered St. Thomas University, School of Law, located in Miami, Florida. In my second year of law school, I received the high honor of being selected to serve on the St. Thomas Law School Law Review, where I served as The Notes and Comments Editor. In addition, I was also fortunate enough to be selected to study one semester of law in Rome, Italy, which was an amazing experience.

In 1996, following law school, I accepted a position with an insurance defense firm and began my career as a trial attorney.  In 1998, I continued my practice as a trial attorney and accepted a position with Travelers Insurance Company.  I proudly represented Travelers Insurance Company and their clients for over thirteen years as a trial attorney handling thousands of cases in both State and Federal court, predominately in the areas of car accident litigation, wrongful death litigation, tractor-trailer litigation, slip and fall litigation, product design and safety litigation and dangerous construction litigation.  Most recently, before accepting a position with the Law Offices of Dan Newlin and Partners, I was nominated in October, and again in November, for outstanding success as a Travelers trial attorney.  I was awarded the Bronze Medal in 2006 through 2010 from the Florida Supreme Court for pro bono work on behalf of the Orange County Legal Aide Society.

Today, I am proud to bring all of my experience and expertise to you!  I am passionate, informative and relentless in my representation of all of my clients. If you should have any questions, please do not hesitate to email me directly.

steve.tomesko@newlinlaw.com

Christopher practices in the area of all injury matters, including: car accident claims, tractor trailer accidents, DUI accidents, motorcycle accidents, wrongful death, work injuries, construction accidents,
SUV rollovers, medical and pharmaceutical malpractice, nursing home injuries, airbag malfunctions, spinal and back injuries, brain injuries, and negligent security.

Christopher lives in Orlando and still has family in Ft. Lauderdale, so he travels between both regularly.

He plays softball in his free time and enjoys helping those in need through the Dan Newlin Miracle Project.

christopher.dean@newlinlaw.com

Prominent Orlando attorney Dan Newlin is revered by many in the Central Florida community, including a local family, recently awarded a multi-million dollar judgment.

Newlin and an Orange County jury sent a strong message to would-be murderers when a $24 million dollar verdict was awarded to the estate and survivors of police officer Alfred Gordon, gunned down over three years ago.

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Work injuries can come in many forms. A number of injuries are the result of a sudden accident, like falling off of a scaffold or having a heavy object fall on you head.

An injury may develop over a period of time, like a repetitive motion trauma. Data entry clerks develop carpal tunnel syndrome from constant and prolonged wrist and hand activity. A machinist may press a lever hundreds of times a day causing elbow injuries of shoulder separation.

Environmental exposure to caustic substances such as chemicals and mold have been known to cause skin, eye and respiratory injuries due to the ingestion, absorption or inhalation of those substances.

Injuries or illnesses are typically covered only when they “arise out of and in the course of employment.” There needs to be a connection between the accident that caused the injury/illness and the scope of your employment duties. Examples of compensable injuries are those caused by lifting heavy equipment, slipping on a wet or oily surface, defective machinery, or fires or explosions. Many state workers’ compensation programs preclude coverage for injuries which occur while you are not acting within the scope of your employment – such as while you are playing football with friends on your day off. But closer examination of the situation should be made – if you were injured while playing football at a company sponsored picnic, there may be coverage.

Illnesses which “arise out of and in the course of employment” can be covered under the workers’ compensation system where the working conditions present unusual or extraordinary risks of contracting an illness – such as coal miners being able to recover for black lung disease. Careful inquiry into the hazards arising out of the scope of your employment can determine whether the illness is one that is common to everyday life as opposed to risks of illness that are present in your particular employment situation.

Do you have questions concerning whether your injury is a work injury and if you are entitled to compensation? Contact the law office of attorney Dan Newlin at (407) 888-8000 for a free evaluation of your case. Employers often deny claims that are based upon legitimate and valid injuries. Don’t trust your employer to tell you if you have a claim, consult an experienced and qualified attorney. In a free phone call, Dan can tell you if you may have a claim and put you on the path of maximizing the value of your case. Call now, you have nothing to lose and everything to gain.

The test for whether an employee is in the course and scope of his employment many times rests on the extent of control and direction the employer has on the employee when the injury occurs. While the below list is not exhaustive, there are five (5) areas of activity that may or may not be within a worker’s course and scope of employment.

Employees many times engage in recreational and social activities related to their employment. As a general rule, recreational or social activities are not compensable unless such recreational or social activities are an expressly required incident of employment and produce a substantial direct benefit to the employer beyond improvement in employee health and morale that is common to all kinds of recreation and social life. A Christmas party given by the employer, with the direction of the employer that attendance is mandatory would trigger benefits if an injury were to occur to an employee as the result of attending the party. If the employer were to give all the employees free tickets to a baseball game, but did not require attendance of anyone, a party injured as the result of a fly ball could not expect any type of compensation.

An injury suffered while going to or coming from work is not an injury arising out of and in the course of employment whether or not the employer provided transportation if such means of transportation was available for the exclusive personal use by the employee, unless the employee was engaged in a special errand or mission for the employer. For the purposes of this subsection and not withstanding any other provisions of law to the contrary, an injury to a law enforcement officer as defined in s. 943.10(1), during the officer’s work period or while going to or coming from work in an official law enforcement vehicle, shall be presumed to be an injury arising out of and in the course of employment unless the injury occurred during a distinct deviation for a nonessential personal errand. If, however, the employer’s policy or the collective bargaining agreement that applies to the officer permits such deviations for nonessential errands, the injury shall be presumed to arise out of and in the course of employment.

An employee who is injured while deviating from the course of employment, including leaving the employer’s premises, is not eligible for benefits unless such deviation is expressly approved by the employer, or unless such deviation or act is in response to an emergency and designed to save life or property.

An employee who is required to travel in connection with his or her employment who suffers an injury while in travel status shall be eligible for benefits under this chapter only if the injury arises out of and in the course of employment while he or she is actively engaged in the duties of employment. This subsection applies to travel necessarily incident to performance of the employee’s job responsibility but does not include travel to and from work as provided in subsection (2).

Injuries caused by a subsequent intervening accident arising from an outside agency which are the direct and natural consequence of the original injury are not compensable unless suffered while traveling to or from a health care provider for the purpose of receiving remedial treatment for the compensable injury.

Do you have questions concerning whether your work related injury occurred in the course and scope of your employment or if there was some exception? Contact the law office of attorney Dan Newlin at (407) 888-8000 for a free evaluation of your case. Employers often deny claims that are based upon legitimate and valid injuries. Don’t trust your employer to tell you if you have a claim, consult an experienced and qualified attorney. In a free phone call, Dan can tell you if you may have a claim and put you on the path of maximizing the value of your case. Call now, you have noting to lose and everything to gain.

An officer of a corporation can elect not to receive workers’ compensation insurance coverage or benefits to save money since the amount an employer pays for workers’ compensation insurance is partially determined by the number of employees covered. The individual filing for exemption must complete an application and meet the eligibility requirements. For example, an officer must provide proof that he owns at least 10 percent of the corporation’s stock. After the completed form is filed, excluded employees are barred from receiving any compensation benefits.

An employer from another state working in the Florida construction industry with at least one full- or part-time employee must obtain a Florida workers’ compensation insurance policy. The company issuing the insurance must be licensed in the state of Florida. The employer will be required to state classification codes, pay Florida standard insurance premium rates and read any rules and manuals prior to starting work.

A sole proprietor is unable to receive workers’ compensation benefits under a policy that is issued to the sole proprietorship or general contractor when operating as an independent contractor. If an individual chooses to establish the business as a partnership, corporation or limited liability company, he/she can be covered as an employee of the company and will receive workers’ compensation coverage and benefits.

In Florida, employees of the subcontractor are considered employees of the general contractor. Even if the employees of the subcontractor are classified as independent contractors, the general contractor is still required to maintain workers’ compensation insurance on those employees.

Florida employers are required to carry workers’ compensation insurance to cover their employees in the event of an on-the-job injury or accident. Employers should never risk operating without appropriate insurance coverage. Severe penalties may be involved if an employer proceeds to work in the state of Florida without adequate insurance. Florida has specific requirements regarding qualifications and exemptions for obtaining workers’ compensation insurance. If you have been injured in a work related injury, and you have questions about whether your employer is required to provide you with benefits for that injury, you are encouraged to contact Attorney Dan Newlin immediately. Dan has the experience and knowledge to answer all of your questions concerning your workers compensation claim and ensures you get all of the benefits you deserve. Call Dan at (407) 888-8000. You will be happy you made that call.

An employer or insurance carrier (employer/carrier) is obligated to provide medical benefits, or necessary medical treatment, to assist an injured worker in recovering from the injuries sustained as the result of a work-related injury. Only treatment that is deemed to be “medically necessary”, or that is any medical treatment that assists the employee in recovering or helps to improve the employee’s condition is covered under Workers Compensation. Medically necessary treatment can consist of anything from diagnostic procedures to physical therapy, and may include psychiatric counseling, chiropractic care, plastic surgery, medicine, prostheses and other medical supplies, travel expenses (for travel to obtain medical treatment), and attendant or custodial care. Physical rehabilitation benefits are covered under medical services

The employee’s choice of physician may be by selecting from a list maintained by the employer (authorized medical provider), or the employer may designate the care provider. If care is provided through an authorized managed care arrangement, the employee selects from a list supplied by the carrier or managed care organization. Only medical providers approved by the employer of employee/carrier are authorized to treat injuries suffered in work related accidents, and only testimony and/or medical records generated by an authorized medical provider may be considered in determining qualification for benefits. Medical benefits must be made available free of cost to the employee until maximum medical improvement (MMI) is determined. After maximum medical improvement is reached, a $10 patient co-payment is required for all medical services. If an injured worker fails to appear for a scheduled independent medical examination, the injured worker is liable for 50% of the “no show” fee charged by the provider.

Compensation for lost wages is also available under Workers Compensation. There are four types of wage benefits you can receive under the Florida workers compensation laws. The four types are: Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Permanent Total Disability (PTD), and Impairment Benefits (IB’s).

Payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker’s wages, subject to a weekly maximum payment amount.TTD is available when the authorized treating physician provides the opinion that a person is completely unable to perform their job. Your average weekly wage is defined in Fla. Statute 440.14 as the average weekly wages earned during the 13 weeks immediately before your accident occurred. It is called Temporary because most people will return to some level of performing work after they receive medical care. Payments may continue for up to 104 weeks. Benefits are subject to Social Security and Unemployment Insurance benefit offsets.

Payments are made for permanent total disability (PTD) based upon a percentage of the worker’s wage, subject to a weekly maximum payment amount. PTD benefits are to be paid when the injured worker cannot return to any employment after they have been injured at work. If you qualify for PTD, payments will continue until the injured worker reaches the age of 65 years old. PTD is to be paid at the same rate as TTD, or 66 2/3% of your AWW. Payments for PTD continue for the duration of the disability.

TPD is paid, prior to reaching maximum medical improvement (MMI), when your doctor says that you can return to work on a light duty basis, and your employer has light duty work within your restrictions for you. TPD is also paid based on the amount of your AWW, in conjunction with the amount of money you earn on a weekly basis after you return light duty. In general, if after returning to light duty work, you are not earning at least 80% of your pre-injury AWW, the insurance company has to pay you 80% of the difference between 80% of AWW and what you are earning in a light duty capacity. For example, your AWW is $500. You return to work light duty and are only making $300 per week. The insurance company would have to pay you 80% of the difference between $300 and $400 (80% of your AWW), or an additional $80.00.

IB’s are to be paid after the authorized treating physician has placed you at maximum medical improvement (MMI). IB’s will be paid as long as the doctor gives you an impairment rating based upon the injury you suffered at work. The rate at which IB’s are to be paid can be found at Fla. Stat. 440.15(3). IB’s are to be paid at the rate of 75% of your TTD rate, and will be paid as follows: 1. 2 weeks of IB’s for each percentage point of impairment from 1-10% i.e. – a 7% impairment rating entitles you to 14 weeks of IB’s. 2. 3 weeks of IB’s for each percentage point of impairment from 11-15% i.e. – a 12 % impairment rating entitles you to 36 weeks of IB’s. 3. 4 weeks of IB’s for each percentage point of impairment from 16-20% i.e. – a 17% impairment rating entitles you to 68 weeks of IB’s. 4. 6 weeks of IB’s for each percentage point of impairment from 21% up i.e. – a 21% impairment rating entitles you to 126 weeks of IB’s.

Death benefits are payable to an employee’s surviving spouse, or spouse and children, based upon a percentage of the employee’s wages, subject to a cap. A burial allowance is also available. If an employee dies as result of a work-related injury, the employee’s dependents–spouse, children, or dependent parents–are entitled to death benefits of up to $100,000, with certain limitations.

There is no compensation for “pain and suffering” under the current Florida workers compensation law.
This is an extremely simplified explanation of the Florida workers compensation wage benefits that you can receive under the Florida workers compensation laws. In order to determine whether you should be receiving workers compensation wage benefits, it is best to consult with an experienced attorney who can explain what benefits you may be entitled to. If you have any questions concerning what benefits you may have, call the law offices of Attorney Dan Newlin at (407) 888-8000. Our office has attorneys experienced in Workers Compensation law that can answer any questions you may have about your work related injury and help you get all the benefits and compensation you may be entitled to. Your workers compensation insurance carrier has attorneys advising them, what about you? In a free phone conversation our office can provide you with valuable information about your injury claim. Call us now, you will be glad you did.

Just because an injured worker makes a claim for an injury suffered while performing their job duties does not preclude them, under certain circumstances, from bringing an action against a third party (tortfeasor) if that third party committed a negligent act that caused, or contributed to, the work related injury.

If an employee, who was driving a company vehicle at the time of the work related accident, is involved in an auto accident with a non-employee, the worker has a valid workers compensation claim for any injuries he may sustain. The worker also has a potential claim against the driver of the other vehicle involved in the crash. While the comp claim is automatic, and is not contingent upon a determination of fault on the other driver’s part, the auto accident would require proof of negligence as to the third party for the worker to be able to bring a successful claim.
Many work related accidents are the result of a slip and fall, or other dangerous condition that exists on the property where the employee works or travels while performing their job duties. If the property where the injury occurs is owned by the employer, the worker will get compensation benefits regardless of if the employee had any unintentional fault for the accident, but the employee would have no other claim against the employer. If the property is owned by someone other than the employer, and the employee can demonstrate that there was negligence associated with the property owner’s maintenance or care of the property, the employee may have a cause of action for their injuries against the property owner.

There is always the possibility to bring a collateral action against a third party tortfeasor if the third party was responsible, even in part, for an injury that occurred while the employee was in the course and scope of their employment. In the event comp benefits are, or will be, paid to the injured party, the comp carrier may have the ability to file a lien, or receive repayment, for any benefits that were paid to the injured party in the event the party receives any monetary settlement or compensation for the same injuries.

Involved in a work related accident where someone not associated with your employer may be at fault for your injuries? Do you have questions on what you may owe your employer if you receive compensation from a collateral source? Don’t make a mistake that could cost you money. You need the help of an experienced attorney to insure your rights are protected and you receive all the compensation you are entitled to when you are involved in a work related injury. Call Dan Newlin at (407) 888-8000. Dan would be honored to answer any questions you may have concerning work related injuries and provide you with free legal advice on how to protect your rights and maximize the value of your claim. Don’t make a mistake that could cost you money, call Dan now.

The Statute further holds that “If an employer implements a drug-free workplace program in accordance with s. 440.102 which includes notice, education, and procedural requirements for testing for drugs and alcohol pursuant to law or to rules developed by the Agency for Health Care Administration, the employer may require the employee to submit to a test for the presence of drugs or alcohol and, if a drug or alcohol is found to be present in the employee’s system at a level prescribed by rule adopted pursuant to this act, the employee may be terminated and forfeits his or her eligibility for medical and indemnity benefits. However, a drug-free workplace program must require the employer to notify all employees that it is a condition of employment for an employee to refrain from reporting to work or working with the presence of drugs or alcohol in his or her body and, if an injured employee refuses to submit to a test for drugs or alcohol, the employee forfeits eligibility for medical and indemnity benefits.”

To put this all in a simpler context, an employer has the right to require an employee to submit to a pre-employment drug test, and those results can be the basis for a lawful refusal of employment based upon a positive testing result for controlled substances. Furthermore, if an employee is involved in an industrial accident, the employer is empowered to require the injured employee submit to a drug and/or alcohol test and, if the employee tests positive for controlled substances and/or excessive alcohol, or the employee refuses to submit to the test, the employer has the right to terminate the employee and deny that employee his or her eligibility for medical and indemnity benefits. The above rights to terminate and /or deny benefits may only be exercised if the employee had actual or constructive knowledge of the employer’s drug free workplace policy.

As an incentive to the employer to promote drug free workplaces, the legislature enacted Florida Statute 627.0915, which provides “ rating plans for workers’ compensation and employer’s liability insurance that give specific identifiable consideration in the setting of rates to employers that either implement a drug-free workplace program pursuant to s. 440.102 and rules adopted under such section or implement a safety program pursuant to provisions of the rating plan or implement both a drug-free workplace program and a safety program. The plans must be actuarially sound and must state the savings anticipated to result from such drug-testing and safety programs.”

(1) A mental or nervous injury due to stress, fright, or excitement only is not an injury by accident arising out of the employment. Nothing in this section shall be construed to allow for the payment of benefits under this chapter for mental or nervous injuries without an accompanying physical injury requiring medical treatment. A physical injury resulting from mental or nervous injuries unaccompanied by physical trauma requiring medical treatment shall not be compensable under this chapter.

(2) Mental or nervous injuries occurring as a manifestation of an injury compensable under this chapter shall be demonstrated by clear and convincing medical evidence by a licensed psychiatrist meeting criteria established in the most recent edition of the diagnostic and statistical manual of mental disorders published by the American Psychiatric Association. The compensable physical injury must be and remain the major contributing cause of the mental or nervous condition and the compensable physical injury as determined by reasonable medical certainty must be at least 50 percent responsible for the mental or nervous condition as compared to all other contributing causes combined. Compensation is not payable for the mental, psychological, or emotional injury arising out of depression from being out of work or losing employment opportunities, resulting from a preexisting mental, psychological, or emotional condition or due to pain or other subjective complaints that cannot be substantiated by objective, relevant medical findings.

(3) Subject to the payment of permanent benefits under s. 440.15, in no event shall temporary benefits for a compensable mental or nervous injury be paid for more than 6 months after the date of maximum medical improvement for the injured employee’s physical injury or injuries, which shall be included in the period of 104 weeks as provided in s. 440.15(2) and (4). Mental or nervous injuries are compensable only in accordance with the terms of this section.