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 Tile Industries v. Dozier
561 So.2d 654, 15 Fla. L. Week. D1326, (Fla.App. 1 Dist., May 09, 1990)
In establishing the correct blood alcohol content to impose the presumption of intoxication as found in Section 440.09(3) Florida Statutes the test must be of the employee's whole blood and not the employee's blood serum. In this case the hospital tested the claimant's blood serum and determined a 0.16 alcohol level. Court determined that this was incompetent evidence since the test had not been made of the claimant's whole blood.Court determined that there was competent and substantial evidence to support the judge's finding that the claimant needed 24 hours a day attendant care. In footnote two the court pointed out that pursuant to the amendment of Section 440.13(2)(e)2 Florida Statutes the claimant's family members may be compensated for only 12 hours per day attendant care services rendered and paid after October 1 1989 the effective date of the amendment.
