Jennifer Armstrong focuses her practice in representing and defending employers in litigation involving labor and employment matters, workers’ compensation claims, the Longshore and Harbor Workers’ Compensation Act, the Federal Employers Liability Act, Occupational Safety and Health Administration, insurance coverage disputes and civil litigation.
Ms. Armstrong has a substantial background in the insurance industry, and her extensive knowledge of claims handling practices often provides insights that enhance her litigation strategy.
Ms. Armstrong joined Hinshaw & Culbertson LLP in December 1997. Before she entered the practice of law, Ms. Armstrong was employed at Liberty Mutual Insurance for several years in claims management.
- The Florida Bar
- Jacksonville Bar Association
- Sharon McIntosh v. CVS Pharmacy. Claimant, six months pregnant at the time of the incident, tripped and fell while attempting to escape during an armed robbery. Any physical injuries sustained in the fall were ultimately determined to be minor and superficial. Claims for psychiatric issues were pursued. At trial on April 14, 2013, compensability of the psychiatric injury was denied, and all other requested benefits were also denied.
- Kenneth Sanders v. Advanced Disposal Services. Claimant alleged two industrial accidents and injuries on January 10, 2011 and January 1, 2010. The Employer/Carrier defended the claims on multiple grounds including lack of notice, no injury sustained, and a major contributing cause defense. The JCC ruled in favor of the Employer/Carrier on all claims for both dates of accident. All requested benefits denied on November 22, 2011, and costs were awarded to the Employer/Carrier.
- Lisa Hinkle v. CVS Pharmacy. Claimant petitioned for compensability of her alleged neck injury. Employer/Carrier defended that the condition was not work related. The JCC rejected the claimant's testimony as not worthy of credibility and found no accident arising out of and in the course of employment on the alleged date of loss. Additionally, the JCC determined that there was an untimely report of accident. Compensability was denied on July 15, 2010, and costs were awarded to Employer/Carrier.
- Maria Marin v. Commercial Mall. This Claimant sustained a slip and fall incident on September 6, 2001. Litigation of this old law matter involved many issues, several trials and multiple appeals over many years. However, no benefits or attorney's fees were ever obtained or awarded. Employer/Carrier prevailed on all issues at all trials and on all appeals.
- Cynthia Thompson v. CVS Pharmacy. This case involved a 48 year old store manager with a compensable accident and low back injury on November 1, 2005. She had both an anterior and posterior lumbar fusion surgery, and claimed a poor result. Claimant appealed and order was affirmed after oral argument. May 10, 2010 Final Order granting Employer/Carrier Motion for Summary Order. Issue was payment of permanent total disability benefits, which were denied with prejudice. Claimant ordered to repay employer/carrier $53,875.39 in previously paid benefits and employer/carrier costs of litigation.
- Judith East v. CVS Pharmacy. This case involved a compensable accident with a fall off a ladder on Christmas day in 2006. Complicated legal argument and multiple expert witnesses involved. The claimant sustained a comminuted right patella fracture amongst other injuries. She underwent an ORIF of the right patella, an arthroscopy of the right knee and a partial right knee replacement. Claimant developed reflex sympathetic dystrophy (RSD). She had a number of sympathetic blocks, and a permanent spinal cord stimulator was implanted. She has never returned to work, and she was accepted for Social Security Disability. Claimant was required to pay employer/carrier litigation costs. December 21, 2009 Trial Order denying request for permanent total disability benefits.
- Beulah LeMaster v. CVS Pharmacy. The claimant was a 65 year old pharmacist with a high average weekly wage. She alleged multiple injuries requiring surgeries. There was potential high exposure, and Ms. Armstrong prevailed on an idiopathic defense. April 22, 2009 Trial Order denying all requested benefits and finding no compensability of accident and alleged injuries. Claimant ordered to pay employer/carrier litigation costs of $5,000, and costs were recovered from claimant.
- Larry Hancock v. Total Office Products. This was a complicated case from a factual standpoint as there were many prior and subsequent unrelated accidents involving same body part as the workers’ compensation accident. June 8, 2009 Trial Order denying all requested benefits and ordering claimant to repay temporary indemnity benefits and employer/carrier costs of litigation. Subsequent orders clarified the amount of indemnity benefits ($11,440) and costs ($6,488) to be repaid by the claimant.
- Christine Krise v. CVS Pharmacy. December 10, 2009 Order on Attorney Fee Hearing finding reasonable and customary fee for claimant attorney of record was $175, when same attorney of record historically received $300 to $350 per hour from same judge on workers’ compensation cases.
- Christine Krise v. CVS Pharmacy. October 12, 2009 Trial Order denying all requested benefits and ordering Claimant to pay employer/carrier costs.
Ms. Armstrong speaks regularly on the subject of workers’ compensation. Some of her presentations include:
- "Workers Compensation Fraud," ESIS conference, Tampa, Florida, January 2015.
"Workers Compensation Fraud," 2014 CLM Northern Florida Chapter Educational and Networking Event, Jacksonville, Florida, October 2014.
- "Preparing a Case for Anticipated Litigation," CVS/Gallagher Bassett, Providence, Rhode Island, May 2011.
- "Workers' Compensation: Unconventional Options Under the New Law and Alternative Causes of Action for Attorney's Fees and Costs from a Defense Perspective," The Florida Bar, May 2005.
- "Medicare Set Asides," The Florida Bar’s Workers’ Compensation Winter Meeting and Seminar, Lake Tahoe, Nevada, February 2005.
- "2003 Changes to Florida Workers' Compensation," North Florida Chapter, RIMS, Jacksonville, Florida, October 2004; and North Florida Chapter of WEB, July 2004.
- October 13, 2015
J.D., University of Miami School of Law, 1995
M.I.B.A., Nova University, 1992
B.S., Eckerd College, 1988
- U.S. Supreme Court
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the Southern District of Florida