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.
McClure v. Goldman, Klasfeld, Horkey & Ferraro
594 So.2d 353, 17 FLW D671
Case remanded to judge on the issue of attorney's fees.
In denying attorney's fees based on bad faith, the
judge was directed to explain why the fee claimed was
denied. A bad faith claim may be predicated upon a
delay in payment which is occasioned by a reckless
failure to ascertain the claimant's rights. In
recouping overpayments of compensation, the
employer/carrier took credit for an amount in excess of
the amount of the overpayment. Under these
circumstances, the court determined that penalties and
interest should have been awarded for the excess
recoupment. Penalties and interest should be awarded
upon the payment of wage loss payments which the judge
had ordered and which the employer/carrier had failed
to provide. The employer/carrier may not avoid the
assessment of penalties and interest by awaiting the
submission of wage loss forms after they have failed to
furnish the claimant with necessary forms and
information.
