Full-service law firm only law firm in Central Florida on the list
Orlando, Fla (June 20, 2023) – With a significant internal focus on support, friendship and growth for its employees, The Orlando Law Group has been named one of the top companies to work for in Central Florida by Orlando Business Journal.
It is the only law firm on the 2023 Best Places to Work list, comprised of 79 companies in the seven-county metropolitan area.
“We are truly different from other law firms by focusing on our employees and their personal growth and needs, which shows when we are working with our clients,” says Jennifer Englert, founder, The Orlando Law Group. “To be the only law firm on this list is an incredible honor but is reflective of what we have been working to create since I founded this firm more than a decade ago.”
At that time, Englert had just been passed over for a promotion after spending time – but working – on maternity leave. At the core of the new law firm then and still today is compassion for anyone who works there – and their clients.
The Best Places to Work is an intensive process, including a survey that must be completed by more than 80 percent of a company’s employees. The results of the survey are then judged by Orlando Business Journal partner Omaha, Nebraska-based Quantum Workplace.
In the initial nomination, several reasons were given for why The Orlando Law Group should be considered. One of the main points is the company’s upward mobility. In fact, 30 percent of the employees started with the firm and have been promoted to their current roles.
Other reasons include:
- Frequent company outings and retreats, such as a family cruise or teambuilding dinners.
- Flexible schedules for family time, even allowing pets to come to work when needed.
- Strong benefits, including an annual three percent 401k contribution.
- Celebrations of birthdays, anniversaries and even a Halloween costume contest.
“Really, it comes down to treating people how you would like to be treated,” Englert says. “Everyone on our team truly enjoys each other and has built tremendous camaraderie together.”
The full list of 2023 Best Places to Work can be found here. Orlando Business Journal will be recognizing the companies at an event on August 24 and running a special section featuring all of the companies in its August 25 edition.
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For more information, contact Alan Byrd, Alan Byrd & Associates, 407-415-8470, [email protected]
About The Orlando Law Group: Founded in 2009, The Orlando Law Group is a full-service law firm with 11 attorneys in four offices in Orlando, Winter Garden, Altamonte Springs and Lake Nona. The firm specializes in a broad range of practice areas specifically for individuals and businesses, particularly in business law, family law, personal injury law, personal finance and estate planning law and much more. For more information, please visit TheOrlandoLawGroup.com
OLG founder’s entrepreneurial spirit recognized in annual awards contest
It is no secret The Orlando Law Group’s founder Jennifer Englert is a woman who means business. As such, this year the Orlando Business Journal is recognizing her as one.
Englert is one of 21 women being recognized by the publication for accomplishments in business and the community. The list includes some of the most accomplished women in Central Florida.
“There are so many women who are deserving of this award throughout our region I am just honored to be a part of this year’s class,” Englert says. “The impact of women, especially the women who join me this year, can not be underestimated in manner.”
Englert founded The Orlando Law Group in 2009, initially being a firm that would be a home for women lawyers. The firm now employees several male attorneys, but still takes pride in being a firm focused on the entire life of an attorney, not just the billable hours.
In addition, Englert is an owner of several companies separate from the law firm, including a title company, a company focused on energy-efficient lighting and a company focused on workforce issues in the manufacturing industry.
According to the announcement in the Orlando Business Journal, “These individuals have gone above and beyond in their respective roles, driving business success, industry growth, workforce development and community advancement. The honorees are executives based in Central Florida who were selected due to their business accomplishments, community involvement and personal.”
One of Englert’s strengths was her work in the community serving in the following roles in the community, in addition to helping found the East Orlando Chamber Foundation:
- Seminole County Chamber: chair-elect and pro bono legal counsel
- East Orlando Chamber of Commerce: board member and pro bono legal counsel
- Avalon Park Kiwanis: vice president
- Matthews’ Hope: board member and legal counsel
- United Against Poverty: board member
- Greater Orlando Builders Foundation: vice president
- Orlando Health Foundation: board member
- Innovation and Entrepreneurship Program at Full Sail University: advisory council member.
“From the start of The Orlando Law Group, I have found the more you help the community improve, the more your business will be successful,” Englert says. “I encourage anyone in business to find their passion and use their skills to help others.”
The full list of 2023 Women Who Mean Business can be found here. Orlando Business Journal will be recognizing them at an event on March 30 and running a special section featuring all of the women in its March 31 edition.
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For more information, contact Alan Byrd, Alan Byrd & Associates, 407-415-8470, [email protected]
About The Orlando Law Group: Founded in 2009, The Orlando Law Group is a full-service law firm with 11 attorneys in four offices in Orlando, Winter Garden, Altamonte Springs and Lake Nona. The firm specialized in a broad range of practice areas specifically for individuals and businesses, particularly on business law, family law, personal injury law, personal finance and estate planning law and much more. For more information, please visit TheOrlandoLawGroup.com
The Orlando Law Group Welcomes Another Excellent Attorney
Orlando, FL (September 6, 2019) – The Orlando Law Group is proud to announce the addition of attorney M. Florence King to the firm. King brings a plethora of leadership, along with 15 years of experience working predominantly within the community association industry.
A graduate of Ave Maria School of Law in 2005, Ms. King spent the early years of her career working for Park Square Enterprises, gaining experience in title closings and land acquisition. After the Great Recession of 2008, she took an opportunity with Larsen & Associates, P.L., a small, local community association law firm in need of managing their unplanned growth in association collection matters. King, who’s unique background also includes accounting and computer programming, helped innovate and automate several processes, leading that firm towards becoming a top performing association law firm in Central Florida.
King was drawn to The Orlando Law Group’s dedication and commitment to the people and communities they serve. She believes these principles and values should serve as the backbone of doing community association law with a renewed dedication to the homeowners within those associations.
“Community association legal representation oftentimes brings an adversarial atmosphere to communities,” said King. “I think it can be done better. I think the real win is in fostering a mutual bond amongst the homeowners within the community where everyone properly understands the benefits of abiding by the rules and regulations, and how abiding by those rules and regulations helps create a powerful, common vision for the community where property values increase, community harmony is enhanced, and homeowners can obtain a genuine sense of pride for the place they call home.”
While King’s experience will enhance the firm’s community association representation, she is looking forward to diversifying her legal practice. “I’m passionate about serving people,” said King. “I’m thrilled to be given an opportunity to work with a firm that is founded on that same value, and I’m looking forward to utilizing my education and experience to enhance the lives of others through the practice of law.”
For the past ten years, The Orlando Law Group has earned a reputation as the Orlando-area law firm that cares about its clients and the communities it serves. Offices located in Waterford Lakes, Altamonte, Lake Nona, and Winter Garden. For more information, visit www.TheOrlandoLawGroup.com.
This month we celebrate the tenth anniversary of The Orlando Law Group.
On August 8, 2009, I took a leap of faith that the Central Florida region would benefit from a law firm that puts people first and cares deeply about the community. We knew our clients wanted a firm staffed with attorneys who precisely focus on all areas of law.
Back then, I had a small office with two lawyers and no support staff. When I started up, the firm was agile, focused on growth and service, and I knew that what we had to offer could dramatically change many of our clients’ lives for the better.
Now, a decade later, I’ve seen a lot of change and have learned quite a bit along the way. As I reflect, there are five things I have learned that stand out.
- The law is continually evolving. Like many industries, the legal world is subject to change and improvement over time. New laws are created, and we are responsible for understanding the fine details on how they affect our clients. Sometimes these laws are only small changes to existing laws and other times entirely new laws are put into place, like the current bill filed with the state of Florida to decriminalize marijuana. What makes us successful is our ability to learn these new laws and understand how they apply to current and future clients.
- Our clients’ needs have become more complex. The practice of law is exciting in that there are so many different legal areas. Over the past ten years, it’s become clear that it is impossible to draw definitive boundaries around each practice. So many times we have to take into account several areas of law when we work with a client. Family Law, for example, can stretch into business law and estate planning quite easily. As a firm, my team’s ability to be nimble and creative is a tremendous asset. We are able to look at the big picture for a client and provide them with a complete solution, even when their needs span multiple areas of law.
- A dedication to the community is critical. If any new business owner were to ask me for advice on how to be successful, I’d tell them that being an active member of the community is very important — the communities in which we serve benefit in countless ways when business get involved. As business owners, we have the experience to think critically about solving problems, we can assemble teams to accomplish great things, and we can inspire others to do the same. From the beginning, The Orlando Law Group has made community involvement and service a hallmark of how our firm operates.
- Surround yourself with positive, uplifting people. There’s a saying that suggests that you are influenced more by the people you surround yourself with than by any other source. I believe it. From the beginning, I’ve always found that when I work, socialize, and volunteer with people who have a positive and uplifting attitude, we accomplish more, and every outcome is rewarding. I encourage everyone to seek out the positive people in their lives and simply spend time with them. Their spirit is contagious and can affect you in profound ways.
- Set big goals and work tirelessly towards them. After a decade, my firm has grown to five offices with two dozen employees. My goals are substantial, and they get bigger all the time. When you set big goals and make a strategic plan to achieve those goals, amazing things happen. I truly love what I do. It’s my purpose in life, and that is why I work so hard to help as many people as possible. It’s not about how many offices we have or how many employees come to work every day. What matters most is that we have a positive impact on the lives of our clients.
I am fiercely proud to be celebrating our 10th anniversary today. In some ways, it feels like just a few moments have past and in others a lifetime. I do know this; we continue to be agile and aggressive. We continue to work with endless dedication to our clients. And while we celebrate ten years of serving our clients and our community, we are now focused on the next ten. 2029, here we come.
The Orlando Law Group’s focus on offering full-service law practice areas shown massive support with the opening of a new law office and a dedicated team of attorneys. The opening represents the Orlando law firm’s fourth office in Central Florida.
Winter Garden, Florida – April 2, 2019
The Orlando Law Group (OLG) announced the opening of a new office in Winter Garden, Florida. This new location strengthens OLG’s greater Orlando presence and offers a convenient location for clients to meet with dedicated attorneys from the full-service law firm. These professionals focus on family law, business law, HOA representation, litigation, personal injury law, probate law, estate planning, and an array of other practice areas.
To celebrate the opening of this new, strategically important office, OLG is holding a ‘Grand Opening Ribbon Cutting’ event on April 4th, 2019, from 5 to 7 PM. The ribbon cutting will take place at 5:30 PM.
“We are delighted to announce the opening of our new Winter Garden office,” said Jennifer Englert, Founding Partner of The Orlando Law Group. ”This new office is located in an area where we see more and more need for our practice areas. The location will give us space to accommodate our growing staff of attorneys and professionals, and our enhances ability to deliver services into this community. This new office will fuel the continued growth of our firm”, Englert added.
The OLG has a history of community involvement, and as Englert points out, the entire staff looks forward to continuing commitment.
“We are excited to become a part of the Winter Garden community,” Englert said, regarding the law firm’s dedication to serving the community in which they work. The professionals from the OLG are frequently found donating their time and money to local causes. Englert cited, “we look forward to carrying on that tradition.”
The official address for the new Winter Garden law office is:
The Orlando Law Group, PL
12200 West Colonial Drive
Suite #100
Winter Garden, FL 34787
Phone: (407) 512-4394
Orlando, FL (January 14, 2019) – The Orlando Law Group is continuing on their path as one of the top 500 fastest growing law firms in the country with the addition of three new attorneys to their team.
Cameron White is an experienced business and real estate attorney who was a golf professional prior to law school. White has a broad transactional background with a focus in business and real estate transactions, including commercial and residential sales, purchases, leases, financing, and loan workouts and restructuring, as well as experience with intellectual property including licensing and trademarks. Representative clients include private investors, golf course owners/operators, developers, lenders, and business owners. He continues to build his practice by fostering and nurturing meaningful, congenial relationships.
Mary Zogg has been a practicing attorney for over a decade. She has a multidisciplinary background which helps to provide a unique experience for her clients. She has an undergraduate degree in psychology and a Masters in Business Administration in addition to her law degree. This allows her to provide her clients with a full vision of the financial, emotional, and legal aspects of their cases.
Jessylin Polo Wiederhold has always been an active member in her community with a passion for making a difference in the lives of others. Originally from Miami, Florida, Jessylin is fluent in both English and Spanish. She began her legal career as a paralegal in personal injury for eight years. Jessylin now brings her passion for serving others to The Orlando Law Group in the areas of personal injury, PIP, and business law. She is an active member of the Florida Bar and Central Florida Association for Women Lawyers.
For the past ten years, The Orlando Law Group has earned a reputation as the Orlando-area law firm that cares about its clients and the communities it serves. Offices located in Waterford Lakes, Altamonte, Lake Nona, and Winter Garden.
The Orlando Law Group officially opens its first-ever Seminole County location with an open house and ribbon cutting this afternoon [Wednesday, April 25] from 4-7 p.m.
The office — OLG’s fourth throughout Central Florida — is located in Altamonte Springs, just north of the 434/436 intersection.
Housed in The Oasis office complex [at 940 Centre Circle, Suite 3002], OLG’s Seminole County headquarters is now the home of four attorneys and two-to-four support staff, including partners Erin Duncan, and attorneys Sophia Dean and Wendy O’Donnell. The Altamonte Springs location offers such legal services as business law, family law, personal injury, estate planning, bankruptcy, insurance litigation, and more.
The official ribbon-cutting will be at 5 p.m. For more information, phone 407-512-4394.
Attorney Jeffrey W. Smith recently represented The Orlando Law Group when he participated in the Pig Run of Lake Nona — a 5K run for The B.A.C.O.N. Foundation [The Big Awesome Charity of Nona].
All proceeds of the run were donated by the BACON Foundation to the Nemours Children’s Hospital “Child Life” Program and Camp Boggy Creek.
The “Child Life” Program at Nemours helps patients and families cope with medical treatment, diagnosis, and hospitalization through play, preparation, education, and self-expression. Camp Boggy Creek has made it possible for children with serious illnesses to enjoy a camp experience in a safe, medically-sound environment.
Smith’s areas of practice include veteran law, family law, estate planning, general civil/business litigation, and social security disability.
To contact Smith, or for more information about The Orlando Law Group, please visit TheOrlandoLawGroup.com or phone 407-512-4394.
ORLANDO, Florida — OLG attorney Sophia Dean earned a positive ruling following a recent highly-contested hearing, in which an Orange County judge ruled in favor of Dean’s client, and subsequently awarded $42,000 to them.
Following a tedious and extensive legal process, the judge ruled that 63 days is three days too late for a second mortgage to claim surplus funds.
“Our client’s home was foreclosed on, and the property sold for more than the home was worth, leaving a surplus of funds in the court registry,” Dean explained. “The homeowners had a second creditor which claimed it was owed the money. Well, they were three days past the required statue to ask for the money. They argued to claim the monies, but, after a contested hearing, the judge ruled in my favor and awarded the money to our clients.”
Sophia Dean’s practice focuses on bankruptcy and foreclosure defense. She has represented debtors in all stages of debt collection. She is the co-chair of the Orange County Bar Association’s Bankruptcy Committee. To contact Dean for a free consultation, or for more information about The Orlando Law Group, please visit TheOrlandoLawGroup.com or phone 407-512-4394.
High on the List of Fastest Growing Law Firms in the United States
CLICK HERE for the official release.
Orlando, Florida, October 4, 2017 – On Tuesday, September 19, 2017, the Law Firm 500 Award committee announced the list of 2017 Honorees. Ranking The Orlando Law Group #105 on its 2nd Annual Law Firm 500 Honorees List. The published list recognizes law firms that have achieved significant growth in revenues. Each nominee was verified by the outside accounting firm, Kahuna Accounting, who reviewed over 10,000 firms. The award honorees are a beacon of light for the legal industry demonstrating innovation, operational excellence, and a commitment to client service.
“This is such an honor for our firm to receive,” commented OLG founder and managing partner Jennifer Englert. “Of course, we could not have achieved this truly remarkable accomplishment without our devoted team members, who work diligently to uphold our commitment to put our clients first.”
The 2017 Law Firm 500 Award Honorees list showcases the top two-hundred fastest growing law firms in the United States. Each ranking also includes the percentage of growth ranging from 25% to a staggering 5400% over 3 years – no small feat for any business.
The Law Firm 500 Conference & Awards Gala will be held October 19-21, 2017 at the Boca Raton Resort & Club in FL. The Award Ceremony will begin with a powerful Keynote Presentation by pioneer entrepreneur, NY Times Best-Selling Author and investor on ABC’s Shark Tank, Daymond John. Daymond will be translating his $6 billion business success into success for law firms. Tickets to attend the conference and Gala are available at www.lawfirm500.com
“We look forward to joining our colleagues to celebrate at the upcoming conference, and to give a warm thank you to the entire OLG team,” said Englert.
We invite you to congratulate and follow the progress of our law firm, and industry peers for their dedication to success and innovation. The full list of Law Firm 500 Award Honorees can be found at Check us out https://lawfirm500.com/2017-award-honorees/.
To find out more about The Orlando Law Group and all three of its offices visit www.theorlandolawgroup.com.
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About The Orlando Law Group:
The Orlando Law Group (OLG) was founded by Attorney Jennifer Englert in 2009. Its diverse team of attorneys have a wide breadth of experience which allows them to protect their client’s rights through the evolution of their business, as well as personally while they progress through all stages of life. Over the years, they have created a stellar reputation in the community as professional legal experts who believe foremost that planning ahead is the best option for their clients, as their aim is to minimize the number of potential disputes and costs of litigation. The Orlando Law Group is more then a legal team, they’re your life-long partner who will work with you to build a relationship while creating solutions that work.
Jennifer Englert has grown The Orlando Law Group through the years to allow her team to provide legal assistance to residents of many Central Florida neighborhoods.
Eight years ago, Jennifer Englert and another attorney founded The Orlando Law Group in Avalon Park with a mission to be the area’s “neighborhood” attorneys. They balanced community involvement with providing legal services to families that desperately needed them.
The concept was well received, so they opened a Lake Nona office nearly six years ago and added a Dr. Phillips office about three years ago. With that growth came expanded practice areas, including business, bankruptcy and personal injury.
Englert shares more about The Orlando Law Group in her own words:
How does The Orlando Law Group raise the bar for clients?
We are a team of highly experienced and dedicated le- gal professionals, each with different areas of expertise. We work together to solve legal problems and provide preventative legal services to solve legal issues before they happen. One key aspect that differentiates us from many firms is the care and compassion we bring to each and every client. Many of our clients become personal friends, provide referrals or are people we’ve worked with side by side while serving within the community.
What is one thing that others don’t know about your business but should?
We pride ourselves on being “Honest, Approachable Attorneys Who Care.” That is more than just a motto to us. At The Orlando Law Group, you can be sure that your attorney possesses both a sharp, experienced legal mind, and a friendly smile that will welcome and comfort you. What’s more, we are serious about preventative legal tactics, work- ing to solve issues for our clients before they blow up into legal messes. Simply put: we are here for you, and we have your back at all times!
How does The Orlando Law Group give back?
We all have charities we care about. We provided pro-bono legal and probate services for the families of Pulse victims and other services through legal aid. We help children by serving as members of Kiwanis, our local PTAs and by helping families with special needs children. We serve veterans by helping them obtain benefits. We are also involved in our local chambers of commerce and other business groups. Part of the reason we care so much is because we have a veteran on staff, many of us are parents, and a few of us have children with special needs. We draw upon our own struggles to aid others.
How have you evolved and diversified to ensure you truly are a full-service law firm?
Once we discovered how helpful it was to have various experts in several types of law on staff, we began to assemble a team with diverse backgrounds and expertise. We never wanted to send clients away to other firms or counsel, as working together provides better results in all legal matters. We realized how thankful clients were to have such a wealth of legal help close to home, so we strategically positioned our offices close enough to one another so that we can still work as a team and remain close to large neighbor- hoods around Central Florida.
Copyright © 2017, Lifestyle Magazine
CLICK HERE to download article in magazine format (PDF)
By Beth Kassab, The Orlando Sentinel
A state arbitrator on Friday sided with a homeowner who challenged the way Poinciana’s homeowners association, one of the largest in the state, held its election of board members.
The arbitrator threw out the Association of Poinciana Villages’ results from a February election and ordered the group to hold a new election in August for the sprawling community of 26,000 homes in Osceola and Polk counties.
In question was whether Avatar, Poinciana’s developer and still a significant landowner, could cast one vote for every house it says it could potentially one day build on land it owns that is still undeveloped.
As a result of that practice, Avatar has been able to elect its representatives to the HOA board and maintain control over the 44-year-old community of more than 50,000 people, including the collection of fees, argued homeowner Martin Negron, who filed the complaint against the association.
He claimed he lost the February election because Avatar improperly cast more votes than it should have by claiming it could build hundreds of homes on land that is covered by marsh and wetlands. The association is made up of nine villages, which all conduct elections.
The order said counting so many votes for construction that may not be approved by the local county government “improperly diluted the votes of other members of all the associations.”
“Avatar may not maintain control of the sub-associations and thereby the association in perpetuity by an imaginary regulatory scheme where maximum density is the only law applicable to building a home,” wrote Terri Leigh Jones, an arbitrator with the state Department of Business and Professional Regulation, which oversees HOA elections.
Jeffrey Smith, an attorney with the Orlando Law Group who represented Negron, said the order is a win for the little guy — the people who own homes in Poinciana.
“It gives much more power and sets a good precedent for the members so they can control the community in which they live and not leave it up to some large corporation,” he said. “At least it puts the members on a fairer playing field with the developer.”
Avatar must now provide proof that it’s able under local and state codes to build the number of homes it uses to determine the amount of votes it will cast, according to the order.
A spokeswoman for the association said officials are still reviewing the order and did not provide immediate comment.
A separate lawsuit filed by three homeowners is challenging the association in Polk Circuit Court, while homeowners in another Avatar community, Solivita, also are suing the developer.
Keith Laytham, a resident of Solivita and an advocate for residents throughout Poinciana, called the arbitrator’s ruling a win.
“Fasten your seat belt because we ain’t done yet,” he said.
Copyright © 2017, Orlando Sentinel
CLICK HERE to see article on the Orlando Sentinel
Orlando, Florida, October 26, 2015 – The Orlando Law Group (OLG) is pleased to announce the official grand opening of its third location, having recently opened an office on the corner of Lake Underhill Road and Alafaya Trail in Waterford Lakes. To be held December 3, the grand opening will include a ribbon cutting ceremony and an open house for the community.
Since its founding six years ago, OLG has grown to a team of seven attorneys and has become known for delivering results and advice in a professional, warm atmosphere that sets clients at ease. The growth that has come with that reputation was the impetuous for the opening of a new location.
“So much of the success that we have experienced has been a result of our commitment to put people first,” explained OLG founder Jennifer Englert. “This new office reflects that as it better meets the needs of our people – its location is more centrally located in East Orlando and it is a little larger to accommodate the growing needs of our client base.”
Located at 12301 Lake Underhill Road, the new location is conveniently situated near 408 and 417.
“We look forward to rolling up our sleeves and becoming a part of a new community,” Englert said, reflecting the firm’s commitment to serving the communities in which its employees live and work. At their other locations, lawyers and staffers at OLG are frequently found donating their time and money to local causes. This new office will continue in that tradition.
“We are very pleased to welcome The Orlando Law Group to Waterford Lakes,” said Stephanie Larret, President of the East Orlando Chamber of Commerce. “I am truly grateful for the civic spirit and service they will bring to our community.”
The firm will host a grand opening ribbon-cutting ceremony to officially open its new home on December 3 from 5:30 to 7:30. The community is invited to join in the celebration and meet the attorneys at 12301 Lake Underhill Rd, #213 in Orlando. The festivities will include food from local vendors and raffles.
To find out more about The Orlando Law Group and all three of its offices visit www.theorlandolawgroup.com.
About The Orlando Law Group:
The Orlando Law Group (OLG) was founded by Attorney Jennifer Englert in 2009. Its diverse team of attorneys have a wide breadth of experience which allows them to protect their client’s rights through the evolution of their business, as well as personally while they progress through all stages of life. Over the years, they have created a stellar reputation in the community as professional legal experts who believe foremost that planning ahead is the best option for their clients, as their aim is to minimize the number of potential disputes and costs of litigation. The Orlando Law Group is more then a legal team, they’re your life-long partner who will work with you to build a relationship while creating solutions that work.
By Heather A. McLeod, The Orlando Law Group, PL
Published in “Building Central Florida Magazine
On April 28, 2016, the Florida Supreme Court rendered its decision in Castellanos v. Next Door Company. Shortly thereafter the Florida Supreme Court rendered its decision in Westphal v. City of St. Petersburg on June 9, 2016. The Castellanos case had been tried on July 3, 2012 and then oral argument took place on November 5, 2014. Westphal was tried on June 22, 2012 with oral argument occurring on June 5, 2014. So, these cases sat pending for 540 days and 735 days respectively since oral argument. These two decisions have now turned back the clock on major provisions of the workers’ compensation law.
In Castellanos, the Supreme Court declared the attorney provision of the statute unconstitutional. The statute had been changed in 2003 as such that an attorney representing an injured employee was strictly restrained to a formula fee based upon the value of the benefits secured. Prior to 2003, the statute allowed for a reasonable fee which would further allow for an attorney to receive their fee based upon the reasonable hours to secure the benefits.
In coming to this ruling, the Court explained that the attorney’s fees in Florida workers’ compensation serve a dual purpose. First, the fees enable the injured worker who has not received benefits to obtain competent legal assistance. Secondly, the fees serve as a penalty to employers that are wrongfully denying benefits. As a result of the Castellanos decision, the attorney for the injured worker has the ability to show that a statutory or formula fee will result in an unreasonable fee and thereby assert a fee based upon the hourly basis.
The Court in Westphal declared the provision of the statute, 440.15 (2), as unconstitutional. This section limited the injured worker to 104 weeks of temporary total disability. The Court stated that this limitation deprived the injured worker of disability benefits under these circumstances for an indefinite amount of time which created a system of redress that no longer functioned as a reasonable alternative to tort litigation. Workers Compensation Insurance provides the Employer with immunity against a civil action. As such, the injured worker gives up the right to sue them in tort for exchange of workers’ compensation benefits. The Court found that the limitation to 104 weeks was no longer a reasonable exchange for giving up the rights. To provide some history, Westphal involved a firefighter who had exhausted his 104 weeks of temporary benefits and sought Permanent Total Disability benefits. However, he still required additional surgeries and did not meet the prerequisite for Permanent Disability Benefits because he had not reached Maximum Medical Improvement. Thus, he fell into a gap period between exhausting the temporary benefits and being able to pursue permanent benefits.
The Supreme Court found this gap period violated access to courts and cut off their benefits at a critical time with no redress. In declaring it unconstitutional, the Court revived the 260-week limit on temporary total benefits that existed in the pre-1994 version of the statute.
WHAT EFFECT WILL THESE DECISIONS HAVE ON EMPLOYERS?
As a result of the Castellanos decision, we have seen an immediate spike in attorney representation for injured worker’s claims and the filing of claims. Moreover, there were awards of attorney’s fee to claimant’s attorneys going back several years which had just been sitting out there. There was no way to push the fee issue and the claimant’s attorneys were waiting until this decision in order to pursue an hourly based fee.
We are seeing the filing of Verified Petitions for Fees to resolve those old fee awards on an hourly basis. While the starting point still remains the formula fee, there is no doubt that we will see more litigation as claimant’s attorneys will have an incentive to take more depositions and engage in more litigation in order to provide evidence that the statutory fee would produce an unreasonable result. We will see their willingness to litigate smaller issues as there is an incentive to do so.
With Westphal, there is still some ambiguity as to the extent the limitation of 104 weeks applies. The Court’s decision rendered the statute unconstitutional only “as applied to Westphal and others similarly situated.” Thus, the ability to secure the additional weeks may be dependent upon how similar the injured worker is to Wesphal. In the pre-1994 statute, it provided 260 weeks for temporary total benefits and a separate 260 weeks for temporary partial benefits. As such, this decision could mean the injured worker is entitled to up to 260 weeks of temporary total and that includes the 104 weeks of temporary partial.
Alternatively, the decision could mean the injured worker is entitled to up to 520 weeks of combined temporary total and temporary partial. Nonetheless, we can expect that there will be a push for injured workers to remain on a no work status for as long as a period of time as possible. Because of Castellanos and Westphal, the exposure for claims has increased which means an increase in attorney representation and filing of claims. NCCI originally filed for a rate increase of 17.1% for workers’ compensation policies. However, they just filed on July 1, 2016 an amended rate and proposed 19.6% with an effective date of October 1, 2016. So, it will now cost the employer more for policies and they will be faced with increased claim exposure.
WHAT CAN BE DONE TO MINIMIZE THE IMPACT?
It is critical for Employers and their Insurance Carriers to thoroughly and accurately evaluate their claims at every stage in order to provide the appropriate benefits and negate those areas for potential fee entitlement. Investigating the claim as soon as reported will provide valuable information about the accident, the alleged injuries and also information as to the employee’s prior accident history. All these facts are crucial to making the best decision for the handling of the claim.
The best way to minimize the attorney fee issue is to make the correct decision and not owe a fee at all. The medical experts selected to provide treatment will be critical to reigning in the claimant’s desire to remain out of work as long as possible. It will be necessary to make sure that the medical provider is applying objective criteria in determining work status and the placing of the worker at MMI. A knowledgeable attorney will be able to address issues and design an appropriate strategy to help Employers and their Insurance carriers through the process.
Law Offices Near You
Altamonte Springs
940 Centre Circle
Suite 3002
Altamonte Springs, FL 32714
Phone: (407) 982-7252
Lake Nona
1380 S. Narcoosee Rd.
St. Cloud, FL 34771
Phone: (407) 512-4394
Waterford Lakes
12301 Lake Underhill Road
Suite #213
Orlando, FL 32828
Phone: (407) 512-4394
Winter Garden
12200 West Colonial Drive
Suite #100
Winter Garden, FL 34787
Phone: (407) 955-4848
Law Practice Areas
Bankruptcy Law
Business Law
Elder Law
Family Law
Guardianships
HOA & COA Representation
Immigration Law
Litigation
Misdemeanor Criminal and Criminal Traffic
Personal Injury Law
Probate Law
Real Estate Law
Social Security Disability
Special Needs and Education
IEPs and School Law
Trusts, Wills and Estate Planning
Veterans Law