How CIGNA Began

Freddie Mack’s Executive Vice President Says Walking Away Might Help

If you are a homeowner who owes more than the house is worth, some are suggesting that you actually walk away from the house. This is called strategic default.

Fannie Mae and Freddie Mack, own most of the mortgages in the United States with a value of less than $500,000, recently they acknowledged on their website, www.freddiemac.com that walking away might be “good decision for certain owners”.

Even people like the rapper Chamillionaire recently walked away from a $2 million house he bought in Houston in 2006. He walked away because he “didn’t feel like it was a good investment”. http://www.loansafe.org/rapper-chamillionaire-strategically-defaults-on-million-dollar-home-and-says-i-still-got-all-the-cars

If you are considering strategic default as an option, understand your legal rights and responsibilities. Walking away make cause bigger problems! Contact Castle Law of Florida for more information about your options.

Multiple Sclerosis and Your Social Security Disability Claim

If you suffer from multiple sclerosis we at Cavey and Barrett suggest that you subscribe to Momentum, the magazine of the National Multiple Sclerosis Society. There are great articles that make practical suggestions for dealing with multiple sclerosis including physical therapy, diet, and fatigue.

http://www.nationalmssociety.org/multimedia-library/momentum-magazine/index.aspx

Thank Them For All of What They Do! National Nurses Week May 6-12

Each year on May 6th begins National Nurses Week which lasts up to the 12th. Help show thanks for their commitment and dedication to their jobs.

http://healthcare.4imprint.com/?ecid=HC100406

The Tampa Bay Friends of 440 Scholarship Fund Deadline Dates

Cavey and Barrett, co-founders of the Tampa Bay Friends of 440 Scholarship Fund, announce that the applications for 2011 must be submitted prior to February 28th, 2011.

The purpose of this scholarship fund is to help the dependent or descendants of workers who are injured in the course of their employment and whose accidents occurred in the state of Florida. The applicant’s relative must have involved in an workers’ compensation accident.

High school applicants must have a 2.7 GPA and college applicants must have 3.0 GPA to apply. You must maintain a 3.0 GPA for renewals.

Unfortunately, our scholarship is not available for students attending graduate school.

If you know anyone who is the child of an injured employee who needs assistance to further their college education, contact Karla at the Law Offices of Cavey and Barrett or call 305-767-1300.

Senate Finance Committee To hold Hearing on Disability Insurance

The Senate Finance Committee will be holding a hearing on disability insurance on September 28.

New Study Links Firefighter Job Duties and Risk Factors to Cardiac Disease

Florida’s First Responder presumption under the Heart and Lung Act can be overcome by clear and convincing evidence of other “causes”. Many Florida muncipalities defend First Responder workers’ compensation claims by arguing that personal risk factors, such as a family history of cardiac problems or hihg cholestral, are the cause of the carcdiac condition and not the employment.

A new study, reported  in Fire Rescue 1, found that job duties and environment are a leading factor in early firefighter deaths.

This study will help provide the necessary medical evidence to support Florida firerighter first responder claims.

If you have any questions about your rights to Florida workers’ compensation benefits under the Heart and Lung Act, call Nancy Cavey at 727-894-3188.

http://www.firerescue1.com/fire-news/468235-study-firefighter-job-duties-environment-key-factors-behind-early-deaths/

Wage and Hour Law Firm Sanctioned for Soliciting Lost Wage Claims

Do you know the Florida Bar has strict rules that prevent Florida wage and hour law firms from soliciting clients who might have a wage and hour claim. The Shavitz Law group was sanctioned by a Federal Judge for solicitation and noted that many FLSA cases in the Southern District of Florida were “attorney driven” and not necesarily the result of employer violations of the FLSA.

At Cavey and Barrett, we only represent indivduals who have valid wage and hours claims against employers who are not  paying their employees for overtime.

Answering these broad-based questions isn’t easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney at 727-894-3188.

Judge Jenkins Rejects Hernanado Cournty Sheriff’s Argument That Risk Factors Are The Same as Causation

Deputy Gore woke up in the middle of the night with chest pain and went to emergency room He was hospitalized and underwent cardiac stenting. Deputy Gore was out of work for 6 weeks and collected sick pay.

Hernando County Sheriff’s Office denied Deputy Gore workers’ compensation benefits under the Heart and Lung Act and he retained first responder worker’s compensation lawyer, Nancy Cavey. A Petition for Benefits was filed and Hernando County conitinued to deny Deputy Gore Florida worker’s compensation benefits arguing that Deputy Gore had personal risk factors, like smoking and a family history of cardiac problems.

Dr. Mathias, who examined Mr.Gore, and Dr. Nicero, Hernando County’s expert, both agreed that risk factors are not the same as causation. Judge Jenkins found that Deputy Gore had a medical condition that was covered under the Heart and Lung Act and that Hernando County did not rebut the presumption.

Judge Jenkins agreed with the doctors and applied the First District Court of Appeals ruling in Punsky in Deputy Gore’s case.

Judge Jenkins awarded Deputy Gore Floirda workers’s compensation medical and money benefits.

Answering these broad-based questions isn’t easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney at 727-894-3188.

1,424 Family Dollar Store Mangers Are Non-Exempt and Entitled to Overtime

Many times store managers are worked and worked and worked more than 40 hours per week and then told they are not entitled to overtime because they are exempt “executives.”

In Morgan, Richardson V. Family Dollar Stores, 21 Fla. L. Weekly Fed.C1305 ( December 16, 2008), the 11th Circuit Court of Appeals determined that Family Dollar store managers were not exempt and were entitled to overtime.

The evidence showed that the “store managers exercised little discretion and spent 80 to 90% of their time performing manual labor tasks, such as stocking shelves, running the cash registers, unloading trucks, and cleaning the parking lots, floors and bathrooms”. Store managers “routinely perform janitorial duties and lacked discretion over merchandise selection, prices, sales promotion and layouts.”

Family Dollar argued that its managers were exempt from overtime under the FLSA executive exemption which excludes over time for” any employee employee and a bona fide executive… capacity.”  29 USC Section 213 (a) (1).

To “establish that an employee is a bona fide executive, an employer must show:

(1) the employee is compensated on a salary basis at a rate of no less than $450 per week;

(2) the employee’s primary duty is management of the enterprise in which the employee is employed or other customarily recognized department or subdivision thereof;

(3)  the employee customarily and regular directs the work of two or more other employees; and

(4) employee has the authority to hire or fire other employees were whose suggestions and recommendations as to the hiring, firing, advancement, promotion radiator changes status of other employment are given particular weight.” 29 CFR section 541.100 (a) (2006).

As you can imagine, each case turns on its own unique factual situation. However, if you are a store manager who is working overtime and is not being paid, you may be entitled to overtime compensation.

If you have a question or need information on Florida overtime wage claims, contact Florida over time attorney Nancy L. Cavey at 727-894-3183. If you believe you are entitled to overtime compensation, order your free copy of Cavey and Barrett’s book on your rights to overtime.