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.
Rodriguez v. Howard Industries
588 So.2d 646, 16 Fla. L. Week. D2750, (Fla.App. 1 Dist., Oct 25, 1991)
Court determined, in reversing JCC, that claimant was PT based upon the medical depositions finding a medical merger between the claimant's preexisting heart difficulties, a permanent impairment resulting from a shoulder injury from a compensable workers' compensation accident and a resulting psychiatric impairment. The JCC has the discretion to accept the opinion of one doctor over that of another but he may not reject unrefuted medical testimony without providing a reasonable explanation for doing so.When a family member renders attendant care, it is presumed gratuitous; however, when the services go beyond ordinary household duties such as shopping and cooking, benefits for attendant care may be awarded. Extraordinary services include bathing, dressing, administering medicine and assisting in sanitary functions. In this case, the doctor testified that it would be "helpful" for the claimant's wife to provide such extraordinary services but that they were not "medically necessary." Court determined the award of attendant care for such extraordinary services was still compensable even though not medically necessary. Palliative attendant care is awarded just as is remedial attendant care. In this instance, the attendant care was not medically necessary to improve the claimant's condition but it was required based upon the claimant's inability to do daily living activities such as dressing or bathing which had resulted from the injury.
