C. Martin Harvey, a partner in the Fort Lauderdale office, joined Wicker Smith in 1987 and has spent his 30+ year career successfully defending claims in workers' compensation and general liability in both state and federal court.
Having worked in the claims industry for 13 years prior to the start of his legal career, Mr. Martin brings a unique perspective to the practice of workers' compensation law. His training as a 6-20 All-Lines licensed claims supervisor, which emphasized the detection of various "red flags" and methods of finding questionable claims, has been a well-served asset in his ability to detect and investigate potentially fraudulent claims at the onset of a case, minimizing large exposures before the initiation of litigation. Through careful discovery methods, he has succeeded in getting dozens of fraudulent claims dismissed, some with prejudice and even later prosecuted for felony fraud. His work handling large premium fraud cases led to an invitation to speak before the Florida Workers' Compensation Joint Underwriting Association, providing his insight into the methods of a now defunct South Florida construction company that was avoiding premiums by "renting" the employees' tools and making them all independent contractors-a practice which led to a change in the law a couple years later.
An AV® Preeminent™ rated attorney by Martindale-Hubbell, Mr. Harvey graduated from Presbyterian College in 1970 with a Bachelor of Arts History and went on to continue his studies at Wake Forest University, earning his Juris Doctor in 1973. Admitted to practice in the state of Florida in 1985, he is a member of The Florida Bar and Broward County Bar Association.
Professional & Civic Affiliations:
· The Florida Bar
· Broward County Bar Association (Board of Directors, 1988-1992)
Significant Engagements:
· Currently handling a number of cases involving the most recent construction scam, wherein small trade contractors hire illegal alien workers who are paid "off the books," without earnings being reported for premium calculation.
· Settled a case at a nominal fee, primarily to secure a severance agreement, where the Claimant was later prosecuted successfully for felony fraud.
· Defending 2 cases where the "fraud defense" (F.S. 440.105 and F.S. 440.09(4)(a) and (b)) has been asserted. In the first case, the defense has been developed through very old auto claim records maintained from 1996 and 1999, which were secured by Subpoena and a deposition from a records Custodian. The second case involves medical records, which had already been destroyed by the medical provider, that have been found through Broward Court records and a Pacer search of Federal filings, documenting treatment that the claimant denied having been provided. The Claimant's counsel has since withdrawn from representation upon viewing partial documentation developed from these records.