Mark L Zientz Law Offices

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Attorneys, Adoption Law Attorneys, Corporation & Partnership Law Attorneys

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25 Years

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(305) 670-6275Call Visit WebsiteVisit Website Map & DirectionsDirections9130 S Dadeland BlvdMiami, FL 33156 Write a ReviewWrite Review

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Regular Hours

Mon - Fri:	9:00 am - 5:00 pm

Places Near Miami with Attorneys

Old Cutler (4 miles)
West Kendall (5 miles)
Coral Gables (6 miles)
Sweetwater (10 miles)
South Miami Heights (12 miles)

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Phone: (786) 597-7141

TollFree: (800) 435-7352

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all major credit cards, amex, master card, visa

Location

Two Datran Ctr

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AKA

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Zientz Mark L Atty

Zientz Mark L

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http://www.mzlaw.com

http://www.stephenslynn.com

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Attorneys, Adoption Law Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, Employee Benefits & Worker Compensation Attorneys, Employment Discrimination Attorneys, Labor & Employment Law Attorneys, Malpractice Law Attorneys, Medical Malpractice Attorneys, Personal Injury Law Attorneys, Sexual Harassment Attorneys, Social Security & Disability Law Attorneys, Tax Attorneys, Workers Compensation Assistance, Wrongful Death Attorneys

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Phone: (305) 670-6275

Address: 9130 S Dadeland Blvd, Miami, FL 33156

Website: http://www.mzlaw.com

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Mark L Zientz Law Offices

Adoption

Wrongful Death
In the September Journal you published some comments from attorney’s Thomas Martin and Martin Tobin. If Mr. Martin thinks the wrongful death statutes in Florida are bad, he ought to reread F.S. 440.15, the death benefits section of the W.C. law. There is currently a $100,000 “cap” regardless of how much the employee was earning, or how many children he or she had, or how old the kids are.
Misdemeanors
In exchange for providing puny benefits to injured workers, the employer, any "statutory employers", and all co-workers receive virtual total immunity from lawsuits by injured workers to redress their injuries. Florida Statute 440.11 grants that immunity. The courts have interpreted F.S. 440.11 to mean that a business or any of its immune employees must act in a fashion equivalent to a first degree misdemeanor before immunity can be breached.

Workers Compensation
Injuries have traditionally been the subject of lawsuits and claims of various kinds including Tort and Workers’ Compensation. The laws of the 50 states differ in many respects regarding M&M situations. Florida, for example, is what is known as an " impact " state. For a Mental injury to be actionable, there must be an impact of a physical nature to which it can be attributed. The same is true fo purely M&M injuries which arise out of and occurs within the course and scope of employment. Hence, M&M injuries are not recognized in Florida as a basis for civil recovery from a wrongdoer, with one insignificant exception discussed herein. According to Professor Larson, the Dean of Workers’ Compensation, the majority of the states are more enlightened in their approach to M&M situations. A. Larson, The Law of Workers' Compensation, sec. 42.20 (1996).
Wrongful Termination
1. "Whether 440.205, Florida Statute (1979) creates a cause of action for a "wrongful discharge" in retaliation for an employee’s pursuit of a workers’ compensation claim;
Employment Discrimination
Sometimes we don’t know we are in a war until we start to see the casualties. So look around. The victims are everywhere. They are the economic casualties of technology, downsizing, mergers, age discrimination and a defunct public education system. These are not the bulk of the wounded. They can, and do, return to the workplace. Sometimes at lower wages and in less meaningful positions, but they can work. The disabled; they are another story. They are the real victims of war.
Employment Contract
"We realize that fringe benefits which employees receive from an employment contract often have significant value and may be included as "similar advantage" in a deputy commissioner’s determination of average weekly wage."
Sexual Harassment
“Turner” situations for the same intentional tort exclusion applied to sexual harassment Travelers v. PCR, 326 F.3d 1190 (11 Cir. 2003), certifying 2 questions to the Florida Supreme Court: 1. Does Florida insurance law require a reading of specific intent into an insurance clause excepting from liability coverage “bodily injury intentionally caused or aggravated” by the insured? And; 2. Is PCR in this case entitled to liability coverage based upon the language of the policy agreement (Coverage B), read in the light of Florida’s law of interpreting insurance policies?

Personal Injury
The right to a trial by jury to assess responsibility for and the amount of damages for personal injury shall not be limited nor shall it be replaced by an exclusive alternate remedy.
Medical Malpractice
Until the 1990 version of the Compensation Act went into effect, consequential injuries arising out of the original injury were "compensable". In other words the Employer/Carrier were responsible for those types of things which were related to the compensable condition. Things like Medical Malpractice causing additional injury which occurs during treatment by an authorized doctor. In 1990 the legislature inserted these words into Chapter 440...
Social Security Disability
AVERAGE WEEKLY WAGE/OFFSETS: Injured worker pays 50% of his Social Security costs. Employer pays the other half. Employers portion is NOT included in the AWW. But, if the employee collects from Social Security Disability benefits, the employer/carrier gets to offset 100% of the Social Security benefit 440.15(10) Fla. Stat.

Tax Law
The employer is not required to pay any additional compensation even if the employer caused the under-reporting, violated Federal Tax Law and committed premium fraud. 440.02(24) Fla. Stat.

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