Richard B. Berman

Reported Cases:

1- Morrison v. Broward County School Board Co-represented claimant, a teacher at Riverside Elementary School in Broward County for 18 years, who developed breathing problems and hives due to her chronic exposure to mold and mildew in her school. The School Board denied the claim in its entirety. We were successful in proving that she was exposed to significant chronic mold and mildew throughout the entire school, caused by chronic significant water intrusion into the school. The school board continually refused to appropriately address the problem and intentionally concealed the ongoing problems. Sanctions were issued against the School Board for intentionally destroying hundred's of photographs depicting the mold, despite court orders to produce them.

2- Andrews v. Drywall Enterprises a landmark case regarding the issue of employer provided transportation. I represented a construction worker who was driven to the job site every day by his boss. The claimant injured his knee in a car accident on the way to work. The work comp carrier denied the claim because he was not injured on the job site doing his actual job duties. The Trial Judge denied all benefits. The First District Court of Appeals and the Florida Supreme Court disagreed and reversed the Trial Court.

3- Souffrant v. FCCI this was a case of first impression. I represented a young girl whose father was divorced from her mother, had remarried and had more children with his second wife. When my client's father was killed in an on- the -job accident, the deceased's second wife took all of the death benefits and excluded my client. I was successful in obtaining all of my client's death benefits to which she had been entitled. I subsequently filed a petition to redistribute all of the benefits from the second wife to the children. After the petition was filed, the work comp carrier paid out all of the remaining benefits to the wife, divesting it of all benefits owed. I was successful in forcing the work comp carrier to redistribute all benefits from the second wife to the children, including my client, even though it had already previously paid out all of the benefits.

4- Manufacturing Plant Co-represented 184 former employees of a manufacturing plant in Broward County who were exposed to multiple toxic chemicals on a daily, repetitive basis without protective gear. The employees developed varying symptoms, including breathing problems, heart disease and cancers. Case settled before trial for several million dollars.

5- Fugazzi v. The Hartford-I Claimant was a traveling salesman for an employer located in Florida. Claimant resided in Ohio and was injured in Indiana. The work comp carrier processed his claim under Indiana law and cut off all benefits, despite the fact that claimant sustained chronic post-traumatic seizures. Claimant was unable to find an attorney in Indiana, Ohio or Nevada, where the carrier claimed he was hired. I was successful in proving that claimant was, in fact, hired in Broward County, Florida and was therefore entitled to benefits under Florida law. I was also able to defeat the statute of limitations defense. Case is still pending regarding the benefits to which he is entitled.

6- Crutcher v. Broward County School Board A landmark statute of limitations case, in which I represented an employee of the Broward County School Board. Claimant's first attorney let the statute of limitations run. I was successful in re-opening her case by proving that the School Board had not complied with the worker's comp law regarding proper notice requirements, thereby tolling the statute of limitations. Claimant was able to recoup all of her past benefits and obtain authorized medical care.

7- Walters v. Richard's West Claimant injured his back in 1982, underwent surgery and eventually returned to work. By 1996 claimant could no longer work and ended up in a wheelchair. The work comp carrier ordered several home evaluations for home modifications pursuant to the recommendations of claimant's authorized Dr. due to the fact that claimant was wheelchair bound. After obtaining the evaluations, the carrier refused to authorize anything unless claimant agreed to undergo an independent medical evaluation, to which they were not entitled by law. When the IME Dr. agreed with the authorized Dr.'s recommendations, the carrier told claimant that it would not authorize anything unless he agreed to a second IME. I was successful in obtaining all home modifications and attendant care, past and future. A third -party lawsuit against the worker's comp carrier is pending for intentional infliction of emotional distress and additional injuries sustained as a result of the carrier's refusal to provide the home modifications.

8- Bell v. Winningham Live I represented a claimant who developed end-stage liver disease as a result of multiple blood transfusions received during back surgeries in the 1970's. The work comp carrier denied claimant's liver condition and the necessary liver transplant. I was successful in obtaining an emergency trial based upon the claimant's deteriorating condition and a ruling that claimant's condition and transplant surgery were compensable.

9- Airlines Case I co-represented 200 former employees of a defunct airline for various medical conditions, such as heart disease, breathing problems, skin conditions and the like, resulting from chronic, repetitive exposure to excessive noise and other toxic fumes. Case settled for seven figures.

10-Godfrey v. Atlantic Federal Savings I represented a claimant who injured her back in the 1980's. She continued with medical care authorized by the insurance company for 15 years. After she moved out of state, the carrier spent thousands of dollars on a doctor to say that her pain and continued need for treatment was no longer related to her original accident. When the carrier cut off all of her medical care, the claimant underwent low back fusion on her own. I was successful in getting all of her medical benefits and future care reinstated after a lengthy trial.

11- Fugazzi v. The Hartford-II Following the first trial that I won regarding jurisdiction and claimant's entitlement to benefits under Florida law, I was successful in getting the carrier to declare the claimant permanently totally disabled, pay him approximately $300,000.00 in past benefits, authorize all of his physicians and medical care, and pay him bi-weekly checks for the rest of his life.