This Month on the DeWitt Law Review
The DeWitt Law Review airs every Sunday at 10 a.m. on News 96.5 WDBO. It is always our goal to bring the listeners of central Florida the latest legal news and create a forum where they can ask legal questions anonymously from the comfort of their own home without having to retain an attorney. This month, we were honored to have attorney Wayne Bilsky join us on the show to discuss workers’ compensation claims. Workers' compensation is insurance coverage purchased by an employer/ business that provides benefits for job-related employee injuries. Florida law requires all employers to purchase workers' compensation coverage (with a few exceptions). Unlike personal injury claims, fault is not a factor with workers’ compensation claims, which is often misunderstood by the public. Mr. Bilsky brought a wealth of knowledge to our listening audience and was able to assist several callers with workers’ compensation issues. We receive many legal questions from our listeners each month, and we wanted to share some of the interesting questions in hopes that they may also benefit others facing similar legal issues. Q: My former wife was arrested for murder and is currently being held in jail awaiting trial. Do I still need to continue to pay my monthly alimony obligation? A: The 4th District Court of Appeal in Craissati v. Craissati, 997 So. 2d 458 (Fla. 4th DCA 2008), held that the former wife’s incarceration for DUI manslaughter subjected her to termination of her alimony award due to cohabitation because she was residing with her cellmate. Since the former wife acknowledged that she was cohabitating with her cellmate and the marital settlement agreement provided that cohabitation would terminate the alimony obligation, the court terminated her alimony award. Ultimately, every case is different, but if there is a substantial change in circumstances that occurs after the final judgment of divorce, you should consult with an attorney as soon as possible to determine whether it is appropriate to file for a modification. It is important to note that until you file the modification, the court cannot change your alimony obligation. Therefore, if a substantial change of circumstances occurs and you fail to file, you are still obligated to pay under the prior agreement or judgment. Q: I own piece of land with a pond on it, and part of the pond extends onto my neighbor’s land. Can I put a fence across the pond to block my neighbor’s access? A: The state holds for public use navigable waters and the lands under such waters. Navigable waters are those waters which, by reason of their size, depth, and other conditions, are navigable for useful public purposes. This means that if the pond were to be considered a navigable water, the land under the pond would actually be owned by the State of Florida, and you would not be permitted to construct a fence to block your neighbor’s use of the pond.
SCIENCE WANTS YOU TO STOP AND SMELL THE ROSES THE BENEFITS OF SPENDING TIME OUTSIDE
In a 2008 survey conducted by the National Trust in Britain, children were more likely to correctly identify a Dalek from “Doctor Who” than a barn owl. Likewise, a 2010 Kaiser Family Foundation study of 8–18-year-olds in the U.S. found that the average youth spends more than 53 hours a week engaged with entertainment media. These statistics, coupled with growing concerns that children are spending less time outdoors, are leading to terms like “nature deficit disorder” and global initiatives to get kids outside. Why is contact with the outdoors so important? Researchers are answering this question by studying the benefits of time spent in nature. One benefit is that outdoor time helps kids understand boundaries and learn how to assess risk. As naturalist, author, and broadcaster Stephen Moss puts it, “Falling out of a tree is a very good lesson in risk-reward.” Not to mention, time in nature may help improve focus for hyperactive kids. In one national study of youths by the University of Illinois, participants’ attention deficit hyperactivity disorder symptoms were reduced after spending time in a green setting versus a more urban one. This may be due to the fact that natural environments call upon our “soft fascination,” a less exhausting type of focus than what is required by urban environments. Emotional benefits were discovered too, including reduced aggression, increased happiness, and improved self-esteem. Beyond just getting outside, the type of contact we have with nature also matters. Visits to nature centers and watching “Planet Earth” are two ways to experience the outdoors. But research points specifically to the importance of free play in the natural world: unstructured outdoor time when children can explore and engage with their natural surroundings with no curriculum, lesson, or activity to complete. Ever notice how kids are fascinated by the simplest things? A child visits a rose garden, but before they even get to the flowers, they become captivated by a leaf on the ground or an ant crawling on their shoe. Children are born naturalists. These are the moments we need to recapture. Take a page out of that kid’s book, and as the saying goes, stop and smell the roses — or leaves or ants —with no checklist and no plan, just time spent playing outside.
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