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.
Lerman v. Broward County Bd. of County Com'rs
555 So.2d 419, 15 Fla. L. Week. D49, (Fla.App. 1 Dist., Dec 22, 1989)
Temporary total compensation should continue until an injured worker reaches MMI or is able to return to work. In this case the claimant had not been released to return to work nor had the employer/carrier informed the claimant of his responsibility to perform a work search.Where the question concerns the causal relationship between the claimant's mental condition and injuries suffered in an industrial accident the opinion of the clinical psychologist constitutes competent substantial evidence to support an award of disability benefits. It was error for DC to reject testimony of psychologist on this issue.In determining whether a claimant is permanently and totally disabled the claimant is not required to show that he is totally incapacitated before a determination of PT can be made. The test is whether the claimant is unable to do even light work on an uninterrupted basis. Once the claimant has established an inability to perform light work uninteruptedly it is incumbent upon the employer to show that suitable work is available and if the employer fails to meet that burden the deputy commissioner should find the injured worker PT. Similarly where the medical evidence shows the claimant has some capacity for light work evidence of a lengthy exhaustive job search which proves unsuccessful will support a finding of PT. Court in this case determined that claimant was PT. The claimant had not been advised to seek employment within his medical restriction and the claimant believed that he had not been released to return to work by the doctor. (Wage loss case law concerning claimant being told to do work search used in this case to substantiate PT finding.)
