Cases
Workers' Compensation
Listed below is McConnaughhay, Coonrod, Pope, Weaver & Stern, P.A.'s workers' compensation case law database. The database dates back until 1971 and includes over 5500 workers' compensation court decisions.
To view the case summaries, select one of the general topics listed below.
Weisfied v. Weisfeld
545 So.2d 1341, 14 FLW 287
The question before the Supreme Court in this case is whether settlement proceeds from a workers' compensation case are considered marital property to be divided between spouses or are they the sole property of the injured employee. The court adopted the "analytical approach" in making this determination. The portion of the settlement award representing past lost wages and loss of earning capacity and past medical expenses paid from marital funds is considered marital property. The portion of the settlement representing future loss of earnings and loss of earning capacity and future medical expenses are the separate property of the injured spouse. The calculation of past and future loss of wages and earning capacity as well as past and future medical expenses is governed by the when the marriage ended.