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.
Fuchs Baking Co. v. Estate of Szlosek
466 So.2d 415, 10 Fla. L. Week. 836, (Fla.App. 1 Dist., Apr 02, 1985)
Where a claimant has both psychiatric and orthopedic injuries permanent disability benefits cannot be awarded prior to the claimant reaching MMI from both disorders.Court affirmed psychiatrist's testimony that claimant was temporarily and totally disabled even prior to the time that the doctor saw him. Doctor's testimony as to claimant's inability to work even prior to the time he saw the claimant was based upon his examination of the claimant the history given to the doctor by the claimant corroboration of that history by the claimant's family members the nature of the claimant's disorder its natural history and the doctor's personal experience as a psychiatrist working on such cases.Claimant requested psychiatric care but employer/carrier failed to authorize such treatment. Under these circumstances the court ruled that the claimant was justified and entitled to seek unauthorized psychiatric care and later have the reasonableness and necessity of that action determined by the deputy commissioner. This factual situation is to be distinguished from the case where the employer/carrier is authorizing medical care and the employer/carrier failed to authorize the doctor requested by the claimant. In the latter situation the claimant must seek approval from the deputy commissioner first for such care prior to the beginning of treatment. The claimant may seek unauthorized medical treatment where authorization has been requested and refused by the employer/carrier.A finding of "good cause" is essential to an award of medical bills where timely filing requirements have not been met.
