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.
Adelman Steel Corporation v. Winter
610 So.2d 494, 17 FLW D2571, (Fla.App. 1 Dist., Nov 13, 1992)
The disclosure of medical information by a healthcare
provider is allowed when: a. the patient voluntarily
consents thereto.b. the medical examination or
treatment was procured or furnished by the requesting
party with the patient's consent.c. such disclosure is
sought by an authorized court subpoena with appropriate
notice or d. disclosure is otherwise provided for in
Section 440.13(2)c, Florida Statutes.An injured
employee or the employee's attorney may obtain such
information and may discuss ex parte with the doctor
without notice to or the presence of counsel for the
employer/carrier. Medical information can be provided
to the employer/carrier and ex parte discussions with
the doctor by the employer/carrier or their attorney
can be obtained prior to the filing of a claim for
workers' compensation benefits pursuant to Section
440.19, Florida Statutes. After the filing of a claim,
ex parte discussions with the doctor will be
permissible only with the consent of the claimant's
attorney or after the claimant or the claimant's
attorney has been provided with notice and an
opportunity to be present at such discussion. A
physician performing an independent medical examination
in workers' compensation cases pursuant to subsection
40.13(2)b, Florida Statutes, is essentially an expert
for the party requesting the examination and such
physician is precluded from providing care and
treatment unless both sides agree or unless an
emergency exists. In the situation of an IME, the
requesting party is authorized to confer freely with
the physician as his own expert witness; the opposing
party's attorney is permitted to discover information
from this physician only as provided in the statutes or
rules governing discovery and is precluded from
engaging in an ex parte discussion with such witness
unless consented to by the counsel for the requesting
party. When the employer/carrier requests an IME, the
IME doctor is the witness of the employer/carrier and
the claimant's attorney cannot have ex parte
communications with the physician.To obtain relief by
writ of certiorari, the petitioner must demonstrate
that the order being challenged;1) constitutes a
departure from the essential requirements of law;2)
will cause the petitioner material harm; and3) cannot
be adequately remedied by appeal.Common law certiorari
is an appropriate remedy for reviewing discovery orders
in workers' compensation cases and it will ordinarily
be granted when the order constitutes a departure from
the essential requirements of law.
