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Brian Phillip Vassallo
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Claimed Lawyer ProfileQ&A
Practice Area
- Workers' Compensation
Fees
- Free Consultation
- Contingent Fees
Jurisdictions Admitted to Practice
- Florida
- The Florida Bar
- ID Number: 151114
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Education
- Stetson University College of Law
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Professional Associations
- Florida State Bar # 151114
- Member
- - Current
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Certifications
- Board Certified in Workers' Compensation Law
- The Florida Bar
Legal Answers
3 Questions Answered
- Q. I was involve in a roller accident early morning driving a semi due to a blown tire company will not give me details.
- A: If you were an employee of the company, you may be entitled to workers' compensation benefits. It also appears you may have a personal injury claim, a product or manufacturing defect claim, and/or a retaliation/wrongful termination claim. I would recommend contacting a lawyer(s) to discuss further.
- Q. Case closed but case still open with my doctors and I’m unable to see my doctor.
- A: If the indemnity/lost wages portion of your case was settled but the medical portion of your case remained open, you should contact your attorney or an attorney that has experience in workers' compensation cases to help. You may be able to file a petition for benefits seeking continued authorization of your work comp doctor. It's unlikely that you can sue the employer/carrier for pain and suffering but there are exceptions to that general rule. Further details and discovery would be required for an attorney to make that determination.
- Q. What can I do about a failed workmans comp drug test for prescription medical marijuana?
- A: Work comp shouldn't be requiring random drug testing as it relates to the injury and original date of accident unless the authorized treating physician is prescribing medications and drug testing is medically necessary. However, the employer may have a drug free workplace program in place but your husband should have been provided with the employer's written policy as to the drug free workplace. If the employer has an established drug free workplace program and meets all the requirements, random drug testing may be a requirement. I haven't reviewed the employer's policy but employer's who have an established drug free workplace are probably receiving a discount on ... Read More
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