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.
Oak Crest Enterprises, Inc. v. Ford
411 So.2d 927, (Fla.App. 1 Dist., Mar 18, 1982)
Claimant treated by doctor and doctor released her after performing two operations. Claimant made claim for change of physician and when employer/carrier would not authorize change of physician claimant was sent to another doctor by her attorney. The question in this case is whether the other doctor was authorized. Claimant took the position that when a change of physician is requested by the claimant the employer/carrier is required to offer alternate medical care or obtain from the deputy commissioner a ruling that a change in medical care would not be in the best interest of the claimant. Court ruled that this is ordinarily the rule. However in this case the claimant had reached MMI and had been released by the physician. Therefore this was not a change of physicians as provided in Section 440.13(2) and in this situation the burden was on the claimant to obtain a ruling from the DC requiring the employer/carrier to furnish additional medical treatment as opposed to a change of physicians.Claimant claimed wage loss benefits. Two treating physicians testified that they were of the opinion that the claimant could work without limitation and the claimant was in need of no additional medical treatment. The claimant's testimony that she could not work was wholly inadequate to prove her entitlement to wage loss benefits.
