Attorney Profile

Heather Byrer Carbone

Shareholder
Heather Carbone

Areas of Practice

Workers' Compensation

Contact Info

(904) 358-4225
HBCarbone@mdwcg.com

When Florida employers seek resolution of claims or controversies arising out of the Florida workers’ compensation law, they often turn to Heather. Board Certified by The Florida Bar in Workers’ Compensation, Heather leads Marshall Dennehey’s Florida workers’ compensation practice. She devotes the entirety of her practice to workers’ compensation defense, representing businesses, third-party administrators and self-insureds across myriad industries. Heather’s clients benefit from her insights and experience in dealing with the analysis and litigation of problems or controversies arising out of the Florida Workers' Compensation Law. She also has experience handling employment law matters.

Heather is an active writer and lecturer. She has authored multiple articles in the Florida Workers’ Comp Reporter. She has lectured on behalf of the Workers’ Compensation Section of The Florida Bar and at various continuing education seminars. Heather is also a Certified Instructor of Insurance Education for the State of Florida and often presents seminars to clients.

Prior to joining Marshall Dennehey, Heather was a partner at one of the leading defense firms in the southeast.

Away from work, she enjoys hiking, biking, traveling and spending time with her family. She is a committee member with the Jacksonville Humane Society, and volunteers for Jacksonville Area Legal Aid (JALA). She completed the 2008 New York City marathon, and the National Breast Cancer Marathon, and often participates in road races that benefit various charitable organizations.

Settlement Agreements Upheld in Florida Workers’ Compensation Cases

Workers' Compensation

We successfully argued that a settlement agreement, based upon a binding and enforceable agreement reached via email between the parties, is enforced. The claimant had given her attorney authority to settle, but subsequently changed her mind. Based upon case law, there was unequivocal authority to settle and it was too late for the claimant to negate the agreement previously reached. The judge of compensation claims agreed and upheld the settlement.

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Judge doesn’t buy that chemical exposure was major contributing cause for claimant’s complaints.

Workers' Compensation

We won a total controvert on a workers’ compensation exposure claim and successfully defended a denial. The claimant alleged exposure to a toxic airplane paint thinner at a plant in Kentucky in December of 2019. He was a subcontractor of the airplane manufacturer, but a Florida employee. The claimant complained of breathing issues and skin rashes. He sought treatment at an emergency room in Kentucky on the date of alleged exposure ,and again approximately 10 months later for skin rashes. However, the claimant was able to continue working without any wage loss the entire time.

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Classes/Seminars Taught

Motions to Dismiss and Motions for Summary Final Order, webinar, Florida Bar Workers' Compensation Section, May 8, 2024

Hot Topics for Attorneys, WCI Annual Conference, Orlando, FL, August 22, 2023

Talking About Generations, 2023 International Association of Rehabilitation Professionals Annual Southeast Florida Workers' Compensation Claims Conference, Sunrise, FL, March 10, 2023

Workers' Compensation Law and Ethics Update, Marshall Dennehey webinar, May 13, 2022

Average Weekly Wage and Indemnity Benefits (Other than PTD), Florida Bar Workers' Compensation Forum, April 15, 2021

Pre-Existing Conditions, Major Contributing Cause and Apportionment, Marshall Dennehey webinar, December 3, 2020

Ethical Requirements: Empathy and Ethics in Workers' Compensation, WCCP Annual Holiday Conference, November 18, 2020 

How Medical Marijuana Is Impacting Workers’ Compensation, Marshall Dennehey Workers' Compensation Seminar, October 24, 2019

Average Weekly Wage and Indemnity Benefits, Florida Bar Workers' Compensation Forum, April 11, 2019

Roundtable: Don’t Just Roll the Dice – Hot Topics in Evaluating Personal Injury Claims, Marshall Dennehey Florida Claims Symposium – Casino Royale, Tampa, FL, September 20, 2018

Average Weekly Wage and Indemnity Benefits (Other than PTD), 2018 Florida Bar Workers' Compensation Forum, April 13, 2018

Stop Work Orders, Association of Builders and Contractors, Jacksonville, FL, August 2017

Specialty Drugs in Workers' Compensation, The CLM Business and Insurance Workers' Compensation Conference, Chicago, IL, May 2017

Average Weekly Wage and Indemnity Benefits (Other Than PTD), The Florida Bar Workers' Compensation Forum, Orlando, FL, April 2016, April 2017

Recent Changes to Florida Workers' Compensation Law, The CLM, Jacksonville, FL, November 2016

Workers' Compensation Overview, Fidelity National Financial Conference, April 2014

Workers' Compensation In Florida, guest instructor for Florida Coastal School of Law, Contruction Law Class, 2012, 2014

Social Security Disability Appeals, Jacksonville Area Legal Aid, Jacksonville, FL, November 2014

Fundamentals of Workers' Compensation, Sterling Education Seminar, Jacksonville, FL, April 2013

The Medicare Super Lien and Other Liens Simplified, National Business Institute Seminar, Jacksonville, FL, 2013

Case Law Update, IARP, Select Medical Workers' Compensation Roundtable, Florida State Collge of Jacksonville, April 2012

Credit Abuse Resistance Education, Jacksonville Area Legal Aid Seminar, July 2010

Published Works

"Viewpoint: Florida’s New Heat Exposure Law May Impact Workers’ Comp," Jacksonville Business Journal, September 13, 2024

“Attorneys Behaving Badly: Sanctions, Attorney’s Fees and Costs in Florida Workers’ Compensation Claims,” Defense Digest, Vol. 29, No. 3, September 2023

"Case Law Update for TPD/TTD," The Florida Bar Workers' Compensation Section, NEWS & 440 Report, Fall 2020

"Be Kind and Keep It Simple: Managing Litigated Workers' Compensation Claims Through Advocacy and Empathy," CLM Magazine, June 2020 

"COVID-19 and Workers’ Compensation Claims: How Can a Person Prove They Contracted the Illness on the Job?," Jacksonville Daily Record, May 7, 2020 

"First Responder Benefits In, Attorney Fees Out," Insurance Journal, March 6, 2018

"Average Weekly Wage and Indemnity Benefits (Other Than PTD)," The Florida Bar Workers' Compensation Forum, 2016, 2017

"The Florida Workers' Compensation Tight Rope Challenged," ABA/Tort Trial and Insurance Practice Committee Newsletter, 2008

Admissions
Florida
2001
U.S. District Court Middle District of Florida
2009
Education
Indiana University School of Law-Indianapolis (J.D., 2001)
Florida State University (B.A., 1997)
Honors & awards
AV® Preeminent™ by Martindale-Hubbell®
American Lawyer Media, Top Rated Lawyer in Labor & Employment
2013, 2014, 2016
Florida Super Lawyers Rising Star
2010, 2013-2016
Jacksonville Magazine, "Jacksonville Legal Elite"
2015-2017
904 Magazine “Top Lawyer,” Workers’ Compensation
2012, 2014
Associations & memberships
Association of Builders & Contractors
E. Robert Williams, Inns of Court, Executive Committee Member, Membership Co-Chair
Florida Bar
Friends of 440 scholarship organization, Co-Chair 2010-2012, Treasurer 2009-2010
Jacksonville Bar Association, Co-Chair Workers’ Compensation Section 2010, 2011
Jacksonville Claims Association
Jacksonville Humane Society, Committee Member
Society for Human Resource Management, national and Jacksonville Chapter member
Year joined
2018
Certification

Board Certified in Workers' Compensation Law, The Florida Bar