recent CASES
Detective John Connolly vs. Pasco County Board of County Commissioners/Commercial Risk, Inc.
Deputy Connolly, a Detective with the Pasco County Sheriff’s Office came to our firm due to a dispute with the Employer/Carrier regarding the Heart and Lung Bill. Detective Connolly entered service with the Pasco County Sheriff’s Office in 1989 and has been a deputy sheriff for over twenty years. During his career he developed hypertension and heart disease. Detective Connolly attempted to obtain workers’ compensation benefits under the Hear Bill and this claim was denied. Litigation pursued and the firm was successful in obtaining an Order from the Judge of Compensation Claims that the Conditions claimed were compensable, meaning the Employer/Carrier must take responsibility for the hypertension and heart conditions Detective Connolly suffered during the course of his service as a law enforcement office and those benefits are available to him for the rest of his lifetime. The Employer/Carrier appealed the Order from the Judge of Compensation Claims. The First District Court of Appeal found that the Judge of compensation Claims was correct in her findings of law. As a result, Detective Connolly will receive lifetime benefits for which he is entitled.
Firefighter Terrance Moulton vs. City of Treasure Island Fire Department/Florida League of Cities, Inc.
Firefighter Moulton, a Firefighter/Paramedic with the City of Treasure Island Fire Department sough representation pursuant to the Heart Bill from our firm after suffering from a significant episode on April 29, 2007. Firefighter Moulton was on duty, resting at the Station House when at approximate 5:40 a.m. the tones sounded for a medical alarm. Firefighter Moulton awoke to the alarm, became dizzy and diaphoretic. Despite not feeling well, Firefighter Moulton responded to and completed the call. Upon his return to the State House, Firefighter Moulton was still not feeling well and requested a co-worker to take his blood pressure reading. Firefighter Moulton’s condition continued to deteriorate and he was ultimately transported to the hospital by the paramedics.
Firefighter Moulton submitted a Notice of Injury to his department pursuant to the Heart Bill and that claim was denied on the basis that: no accident/injury occurred or arose out of the scope of employment; his employment is not the major contributing cause of his condition and that condition was pre-existing in nature.
Attorney Oliver successfully prosecuted Firefighter Moulton’s claim for workers’ compensation benefits and was awarded those benefits in an Order from the Judge of compensation Claims on January 9, 2008. The Employer/Carrier appealed to the First District Court of Appeal. The First District Court of Appeals invited our firm, as well as opposing counsel to present Oral Arguments at the Florida Bar Convention in Miami, Florida on January 15, 2009. After hearing Oral Arguments, the First DCA decided that the Judge of Compensation Claims was correct in her findings and upheld the conclusions of the Judge of Compensation Claims which awarded benefits to Firefighter Moulton.
Retired Detective Jerome Vermette vs. Hillsborough County Sheriff’s Office/Commercial Risk, Inc.
Retired Detective Vermette, a former Detective with the Hillsborough County Sheriff’s Office also sought benefits pursuant to the Heart Bill. Detective Vermette served the Hillsborough County Sheriff’s Office for over thirty years. Near the conclusion of his thirty years of service, Detective Vermette was advised by his cardiologist that he could no longer work in the capacity of a law enforcement officer due to his serious heart conditions. Having met the requirements of the presumption embodied in the Heart Bill, Detective Vermette sought these benefits from his agency by filing a Petition for Benefits. The Employer denied these benefits for a multitude of reasons.
The firm was successful in prosecuting this claim and Retired Detective Vermette is now receiving treatment and care needed to address his hypertensive and heart related conditions. Despite his retirement, Retired Detective Vermette is still treating with an authorized treating physician from the County and will receive these benefits throughout his lifetime.
State of Florida vs. Larry Lee Madison
In addition to her practice in Workers’ Compensation, Attorney Oliver provides representation in the area of criminal defense to both adults and juvenile. Juvenile law has always been a strong interest for Attorney Oliver who serves on the Court Appointed list for juvenile law in both Pasco and Pinellas Counties. In addition, Attorney Oliver has handled many juvenile cases pro bono to ensure those juveniles with the greatest need are provided quality representation. One such case is the State of Florida vs. Larry Madison.
At sixteen years old, Larry Madison was charged in the adult system with Robbery with a Firearm and Assault with a Firearm. Typical of many juveniles in the delinquency system, Larry Madison grew up in the foster care system. Charged as an adult and appointed an attorney from the Public Defender’s Office, Larry Madison at just sixteen years old was looking at a minimum sentence of more than forty years to life in prison.
Upon getting involved in this case, Attorney Oliver petitioned the Court and the State Attorney’s Office to consider a youthful offender sentence. Judge Rand Wallis advised Attorney Oliver and the courtroom that he had never granted a youthful offender sentence as a presiding judge. Attorney Oliver, in several memorandums of law, was able to provide many causes for mitigation and the Court found that based upon this unique situation departed and granted a youthful offender sentence. Larry Madison is currently residing at Teen Challenge, a long term residential Christian based community. Larry Madison has been given the opportunity to earn responsibilities and grow in ways that have not been provided to him in the past. Upon the conclusion of his placement at Teen Challenge, Larry Madison will continue on adult probation and will be carefully supervised by Judge Wallis. The goal is to allow Larry Madison to become a productive member of society and break the cycle of violence and prison exposed to him at a young age. Larry Madison continues to correspond with Attorney Oliver and is growing into a productive young man.