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Kenneth B. Schwartz, Esq., handles litigation, trials, mediations, and appeals of injury, business, and employment matters, including the following:
He achieved Board Certification Specialist (BCS) status in Workers' Compensation Law in 2014, meaning that he is one of only fewer than 200 attorneys (out of over 108,000 attorneys in the state) who is permitted to call him-/herself an "expert" in that area of the law. He was recertified as having BCS status by the Florida Bar in 2019, demonstrating his ongoing commitment to the practice area.
In 2021, he was awarded the distinguished AV Preeminent Peer Review Rating by Martindale-Hubbell. This is the highest peer rating standard. It is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers.
As an appellate attorney, Mr. Schwartz has handled more than 100 appeals and petitions for extraordinary writs (e.g., certiorari) in state and federal courts, and he has presented oral argument numerous times, appearing before the First, Second, and Fourth District Courts of Appeal. Mr. Schwartz handles appeals not only for all of his own cases but also for other attorneys. He is regularly consulted to provide trial support to other attorneys, including researching complex issues, drafting motions and memoranda, and advising on the preservation of issues for appeal.
As a mediator, Mr. Schwartz brings to the negotiating table his years of experience in the trenches for both sides and his sharp legal acumen for cutting to the core of the dispute, to help the parties in litigation find common ground. He will tenaciously -- but collegially and respectfully -- work to bring both sides to a resolution that positions the parties to move on.
| Kenneth Brian Schwartz: | Member at The Kenneth B. Schwartz, Esq. |
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Board Certified EXPERT in W/C Law 20283 State Road 7, Suite 400 Boca Raton, FL 33498 |
| Website: | http://www.FlaLaw.com |
| Offices: |
Kenneth B. Schwartz, Esq.
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On the defense side, I represent one of the world's largest private employers. On the employee side, I represent any seriously injured worker whose interests don't conflict with my defense cases. I'm Board Certified, so I'm an expert at both.
I handle appeals of orders (and petitions for extraordinary writs) in my own cases and in those referred by trial attorneys from around the state, whether defense or claimant cases.
I handle enforcement of workers' compensation orders by "Rule Nisi" action in Circuit Court; civil litigation over coverage of insurance contracts, breach of contract cases, business disputes, more...
I am a trained neutral, with a knack for finding objective strengths and weaknesses in a case and with the temperament and tenacity to bring both sides together, despite initial differences and ingrained unwillingness to be flexible.
Business contract drafting and litigation; Employment agreements, including drafting and enforcement of non-competes; Drug-Free Workplace Policies, more...
Employment agreements, including drafting and enforcement of non-competes; litigating FLSA and state un(der)paid wage-n-hour claims for both employees and employers, allegations of wrongful termination and/or retaliation.
| Association name | Position name | Duration |
|---|---|---|
| Palm Beach County Bar Association | N/A | N/A |
| United States Court of Appeals for the Eleventh Circuit | N/A | N/A |
| United States District Court for the Middle District of Florida | N/A | N/A |
| United States District Court for the District of Hawaii | N/A | N/A |
| United States District Court for the Southern District of Florida | N/A | N/A |
| Palm Beach County Bar Association | N/A | |
| United States Court of Appeals for the Eleventh Circuit | N/A | |
| United States District Court for the Middle District of Florida | N/A | |
| United States District Court for the District of Hawaii | N/A | |
| United States District Court for the Southern District of Florida | N/A | |
| Palm Beach County Bar Association | N/A | 1900 - 1900 |
| United States Court of Appeals for the Eleventh Circuit | N/A | 1900 - 1900 |
| United States District Court for the Middle District of Florida | N/A | 1900 - 1900 |
| Hawaii State Bar Association | Member in good standing (inactive) | N/A |
| Hawaii State Bar Association | Member in good standing (inactive) | 2000 - 1900 |
| Hawaii State Bar Association | Member in good standing (inactive) | N/A |
| Florida Bar | Member in good standing | N/A |
| Florida Bar | Member in good standing | 2001 - 1900 |
| Florida Bar | Member in good standing | N/A |
| Florida Workers' Advocates | Member | 2010 - 2018 |
| Florida Workers' Advocates | Member | N/A |
| Award name | Grantor | Date granted |
|---|---|---|
| AV Preeminent® Peer Review Rating (highest) | Martindale-Hubbell® | 2021 |
| Board Certified - Workers' Compensation | Florida Bar | 2019 |
| Legal Elite | Florida Trend Magazine | 2014 |
| Board Certified - Workers' Compensation | Florida Bar | 2014 |
| Level 15 Contributor | Avvo.com | 2013 |
| Certificate in Pacific-Asian Legal Studies | University of Hawaii, Wm. S. Richardson School of Law | 2000 |
| School name | Degree | Graduated |
|---|---|---|
| University of Florida | BA - Bachelor of Arts | 2024 |
| University of Hawaii - Wm. S. Richardson School of Law | JD - Juris Doctor | 2024 |
| University of Florida | BA - Bachelor of Arts | 2024 |
| University of Hawaii - Wm. S. Richardson School of Law | JD - Juris Doctor | 2024 |
| University of Florida | BA - Bachelor of Arts | 2024 |
| University of Hawaii - Wm. S. Richardson School of Law | JD - Juris Doctor | 2024 |
| University of Florida | BA - Bachelor of Arts | 2024 |
| University of Hawaii - Wm. S. Richardson School of Law | JD - Juris Doctor | 2024 |
| University of Florida | BA - Bachelor of Arts | 2024 |
| University of Hawaii - Wm. S. Richardson School of Law | JD - Juris Doctor | 2024 |
| Case name | Outcome |
|---|---|
| Arlotta v. City of West Palm Beach | Reversal (prevailed on appeal) |
| Covell v. Cracker Barrel Old Country Store, Inc. | Reversal (Prevailed on appeal) |
| Cristin v. Everglades Correctional Facility | Reversed (prevailed) and Remanded for further proceedings |
| Engler v. American Friends of the Hebrew Univ. and Fireman's Fund Insurance | Claimant prevailed on appeal of a denied claim |
| J.B.D. Brother's and Masonry, Inc. v. Miranda | Successfully defended award of benefits |
| LeBlanc v. City of West Palm Beach | Reversed judge's denial of benefits to firefighter |
| Lentini v. City of West Palm Beach, et al. | Court clarified the "firefighter presumption" |
| McBride v. Pratt & Whitney | Important decision on Statute of Limitations |
| Michael J. Celeste, Jr. v. Lindsay Kerns, Gevity HR, and AIG Claims | Supreme Court ruled for Petitioner |
| Palm Beach Dermatology v. Mikan | Important decision on Permanent Total Disability |
| RAM, LLC, et al. v. Timothy Hill | Affirmed, with opinion |
| Scanlon v. TG Investments and Liberty Mutual Ins. | Reversed an improper summary judgment |
| Sheetal Kumar v. Darlene Richmond, et al. | Motion to Dismiss, granted |
| Stanley Steemer International, Inc. v. Smith | Affirmed (prevailed on appeal) |
| Taylor v. TGI Friday's & Broadspire | Reversal (Prevailed on appeal) |
| Travel Guard Group v. Grubb | Plaintiff prevailed in non-compete action |
| State | Number | Status | Acquired | Updated |
|---|---|---|---|---|
| HI | Inactive | 2000 | 11/13/2021 | |
| FL | 478695 | Member in Good Standing | 2001 | 04/25/2019 |
| Conference name | Title | Date |
|---|---|---|
| Trial Presentation and Other Issues in the COVID-19 Era | Medical and Legal Perspectives of Headache Complaints in W/C Claims | 2021 |
| Quarterly Review of Recently Issued Appellate Opinions | Case Law Update | 2021 |
| Palm Beach County Bar Association | Workers' Compensation Case Law Update | 2015 |
| Palm Beach County Bar Association | Resolution of Third Party Liens in Workers' Compensation Cases | 2015 |
| Florida Workers’ Advocates Educational Conference 2015 | Settlement of the Workers Compensation Case: Pitfalls and Red Flags | 2015 |
| Palm Beach County Bar Association's 1st Annual Workers' Compensation Seminar | Legal Perspective on Next Wave of Minimally Invasive Treatment for the Spine | 2013 |
| Palm Beach County Bench-Bar Conference | Addressing the Attorney Fee Statute (Moderator) | 2012 |
| FWA 2012 Educational Conference | Hot Topics: Recent Cases and the Impact on Your Practice | 2012 |
| Palm Beach County Bench-Bar Conference | Electronic Filing with the OJCC (moderator) | 2011 |
| Palm Beach County Bench-Bar Conference | Ripeness of Claims Before the Judges of Compensation Claims | 2010 |
| Workers' Compensation Round Table | Workers' Compensation Case Law Update | 2009 |
| Workers' Compensation Round Table | Attorneys' Fee Case Law Update | 2007 |
| Palm Beach County Bench-Bar Conference | Workers' Compensation Attorneys' Fee Cases | 2007 |
| Palm Beach County Bench-Bar Conference | Workers' Compensation Case Law Update | 2006 |
| Workers’ Compensation Defense and Related Employment Law Issues for HR Professionals | Workers’ Compensation in Florida | 2005 |
| Workers' Compensation in Florida | Workers' Compensation in Florida | 2005 |
| Palm Beach County Bench-Bar Conference | Workers' Compensation Rules of Procedure | 2005 |
| Workers' Compensation in Florida | Workers' Compensation in Florida | 2003 |
| Introduction to Workers' Compensation in Florida | Workers' Compensation in Florida | 2003 |
| Title | Company name | Duration |
|---|---|---|
| Associate Attorney | Greenspoon Marder Hirschfeld Rafkin Ross & Berger, P.A. | 2000 - 2001 |
| Associate Attorney | Greenspoon Marder Hirschfeld Rafkin Ross & Berger, P.A. | 2000 - 2001 |
| Associate Attorney | Kelley Kronenberg Gilmartin Fichtel & Wander, P.A. | 2001 - 2004 |
| Associate Attorney | Kelley Kronenberg Gilmartin Fichtel & Wander, P.A. | 2001 - 2004 |
| Owner | Kenneth B. Schwartz, P.A. | 2004 - 1900 |
| Owner | Kenneth B. Schwartz, P.A. | N/A |
| Owner | Kenneth B. Schwartz, P.A. | N/A |
| Senior Associate Attorney | Laurence Leavy & Associates, P.A. | 2018 - 2021 |
| Senior Associate Attorney | Winer Law Group | N/A |
| Senior Associate Attorney | Winer Law Group | 2021 - 1900 |
