June 23, 2026

FORT LAUDERDALE – Sal Richardson, Managing Partner of Workers' Compensation in Fort Lauderdale, secured a significant defense win at a Final Hearing, resulting in a Final Compensation Order that provided no benefits to the claimant or his counsel. While the claimant’s initial demands were estimated to exceed $30,000, the case was ultimately resolved for a nominal $7,500 settlement, the same amount offered two years prior, with more than half of that sum being absorbed by the claimant’s own attorney’s fees and costs.

Overview of the Case

The matter originated from an industrial accident in 2016 where a trailer hitch struck the claimant in the face, causing a closed facial bone fracture. The Employer/Insurance Carrier (E/HC) provided authorized care through a maxillofacial surgeon and an ophthalmologist until the claimant reached Maximum Medical Improvement (MMI). Five years after the accident and two years after reaching MMI, the claimant reappeared, filing petitions for continued care with the surgeon and a new evaluation with a neurologist, alleging ongoing symptoms that necessitated further medical intervention at the employer's expense.

Key Difference-Maker

• Sal A. Richardson – Managing Partner of Workers’ Compensation in Ft. Lauderdale

Administrative Support

• Dekesha Davis - Paralegal
• Caroline Fischetti – Paralegal

Claims Made Against Our Client

The claimant’s counsel argued that the claimant remained symptomatic and that additional specialized medical care was a statutory necessity. The claimant sought authorization for continued treatment with his previous surgeon and a transfer of care or evaluation by a neurologist. Opposing counsel’s arguments relied on the assertion that the workplace injury was the major contributing cause of the claimant's persistent complaints and that the E/HC was obligated to provide diagnostic and palliative care indefinitely.

Defense Strategy

The defense strategy focused on the statutory requirement of "medical necessity" and the effective preparation of a key medical expert. The primary physician involved was located out of state and was unfamiliar with the concepts of Florida Workers’ Compensation Law. Mr. Richardson undertook the critical task of educating the physician on Florida-specific legal frameworks, including MMI, causal relatedness, and the objective standards for medical necessity.

Rather than scheduling the physician for a defense deposition, the team strategically allowed opposing counsel to take the deposition. Having prepared the physician to address the specific legal thresholds required under Florida law, the defense anticipated that the testimony would actually undermine the claimant's position. During cross-examination, the defense successfully elicited testimony that there was no medically necessary basis for further treatment, as the only remaining symptom, a small area of numbness, could not be improved by further intervention.

Impact on Final Outcome

The strategy proved successful when the court weighed the statutory defenses and the expert testimony. The judge found that the claimant failed to meet the burden of proof regarding medical necessity and denied all outstanding petitions for care. By leveraging a statute-driven approach and confirming the lack of objective medical findings to support further benefits, the defense secured a Final Compensation Order with zero benefits awarded.

Although the matter eventually concluded with a nominal $7,500 settlement, matching an offer extended two years earlier, the claimant's recovery was significantly reduced, as over half of that amount was allocated toward their own legal fees and associated costs.

Unique Aspects of the Case

A unique scenario in this litigation was the intersection of "major contributing cause" versus "medical necessity." While the accident was the cause of the injury, the defense proved that the requested care was not legally "necessary." The case was also distinguished by the geographical hurdle of an out-of-state physician. A pivotal component of the successful outcome involved educating the medical expert on how his clinical observations comported with the specific concepts of Florida law.

Predicting the Future

This win serves to bolster the confidence of our clients in QPWB’s bold and efficient approach to workers' compensation defense. By achieving a result that essentially mirrored an offer made two years prior, while successfully prevailing at trial in the interim, the Fort Lauderdale team demonstrated its dedication to mitigating client exposure. This victory reinforces the firm's reputation for finding reliable solutions to unique challenges and underscores our commitment to effective representation from case inception to resolution.

Key Actions in This Case

• Expert Legal Education: Educated an out-of-state physician on Florida Workers' Compensation statutes to ensure medical testimony was legally relevant and precise.
  
• Deposition Strategy: Strategically utilized a "cross-examination only" approach for the primary expert, allowing the claimant's own discovery to dismantle their claims.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 57 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.