Richard Wagenheim was a speaker at the 16th Annual University of Miami School of Law Sports Law symposium on April 5, 2013. His topic was entitled “Safety First?! The Legal Implications of Concussions in Professional Sports.”
Richard Wagenheim served as a panel moderator at the 39thAnnual Sports Lawyers’ Association Conference on May 17, 2013 in Atlanta. The discussion, entitled “Money Talks- The Real Reason Players and Leagues Fight Over Workers’ Compensation Jurisdiction”, dealt with workers’ compensation issues facing professional athletes.
Barbara Wagner participated in a panel discussion at the Florida Workers’ Advocates Educational Conference in Orlando on June 7, 2013. She explained the current status and effect of a recent Florida appellate decision in which a portion of the workers’ compensation law was found to be unconstitutional.
Barbara Wagner presented the “Case Law Update” on February 22, 2013 at the Broward County Bar Association’s annual Workers’ Compensation Seminar. She reviewed and analyzed recent Florida appellate decisions dealing with workers’ compensation issues.
Barbara Wagner is an annual guest lecturer at the Nova Southeastern University Shepard Broad Law Center’s workers’ compensation class.
Richard Wagenheim and Barbara Wagner recently successfully represented an injured professional baseball player whose workers’ compensation claim had been denied by the Houston Astros. After a trial, the Judge ruled the player’s injury was compensable under Florida law, and that he was entitled to payment of his medical bills. He was awarded future medical care and past and future disability payments for his injury.
Richard Wagenheim and Neal Falk recently successfully represented two former National Football League players whose workers’ compensation claims were denied by their team, the Jacksonville Jaguars, and its insurance carrier. As a result of Mr. Wagenheim’s and Mr. Falk’s efforts both players are now entitled to lifetime medical care for their injuries to be paid by the Jaguars.
Wagenheim & Wagner, P.A. has had numerous victories in appellate cases involving workers’ rights and benefits. Among notable favorable decisions, the firm was successful in an appeal before the National Football League Arbitrator in the case of Smith v. Miami Dolphins. The case involved what is known as the “credit issue” by the NFLPA and NFL, and significantly limited the Miami Dolphins’ attempt to take an offset or credit for salary payments against workers’ compensation benefits.
Barbara Wagner was successful in overturning a judge’s decision which denied benefits to a severely injured worker on the ground that his employer had made misrepresentations in his insurance application several years before. In Bend v. Shamrock Services, the appellate court held that the judge improperly voided the workers’ compensation insurance policy, and the employee became entitled to substantial medical and disability benefits.
Barbara Wagner has written several amicus curiae briefs on behalf of Florida Workers’ Advocates in significant cases affecting the rights of injured workers. In Aguilera v. Inservices, Inc., the Florida Supreme Court held that an injured employee may sue an insurance carrier for intentional, harmful, egregious conduct in the handling of a claim. In Murray v. Mariner Health, the Florida Supreme Court held that an injured worker who prevailed on a claim was entitled to “reasonable attorney’s fees” to be paid by an employer carrier.