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.
Florida Erection Services, Inc. v. McDonald
395 So.2d 203, (Fla.App. 1 Dist., Feb 23, 1981)
Court ruled that conduct justifying the award of
punitive damages was not needed in assessing attorney
fees under the "bad faith" provisions of the Workers'
Compensation Act. Court ruled that the workers'
compensation law would not tolerate passive disapproval
and rejection of claims on mere technical matters of
form. The delay or denial of payment without a showing
of active effort and initiative on the part of the
carrier to fairly and expeditously determine its
obligations to place needed benefits in the hands of
the injured worker will justify the award of a fee.
The employer/carrier can avoid the payment of
penalties by filing a notice to controvert.
However the notice to controvert must state
particularly which benefits are being controverted. In
this case the notice to controvert only stated that
they were controverting payment of all benefits. Court
ruled this was not specific enough to controvert wage
loss benefits.
