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.
Diamond R. Fertilizer v. Davis
567 So.2d 451, 15 Fla. L. Week. D2171, (Fla.App. 1 Dist., Aug 30, 1990)
Court determined that it was error to award or adopt a life care plan for a severely injured claimant where the plan was based solely upon a rehabilitation counselor's recommendation rather than obtaining testimony from a treating or primary care physician. There must be a finding of a medical necessity to award such benefits. This case concerned the pricing of the future medical needs of an injured worker for the determination of an attorney fee.Court determined that it was error for rehabilitation provider to testify on a life care plan for an injured worker. A rehabilitation provider cannot establish a program for medical treatment. The responsibility for establishing a treatment plan rests with the claimant's authorized physician.Judge re-opened hearing and accepted into evidence an MRI test without allowing evidence expert testimony interpreting the test. Appellate court determined that it was error to re-open the case to accept the MRI test without accepting explanations of the test results by medical experts.The statute of limitations does not run where the claimant is incompetent and a guardian or other authorized representative has not been appointed. The test for determining whether a claimant is incompetent is whether he is so unsound of mind that he could not manage his ordinary affairs.There is no authority to deny an incompetent individual the right to testify so long as he is capable of being understood and capable of testifying truthfully. Section 90.603 Florida Statutes says:CHAPTER 90 EVIDENCE CODESection 90.603 Disqualification of witness.A person is disqualified to testify as a witness when the courtdetermines that he is: (1) Incapable of expressing himself concerning the matter in such a manneras to be understood, either directly or through interpretation by one whocan understand him. (2) Incapable of understanding the duty of a witness to tell the truth.Section 440.19(3) Florida Statutes tolls the statute of limitations where the claimant is incompetent and a guardian or other authorized representative has not been appointed. The tests for determining whether a claimant is incompetent is whether he is so unsound of mind that he could not manage his ordinary affairs.
