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.
Kessler v. Community Blood Bank
18 FLW D1607, July 13, 1993
Court determined that judge erred in accepting the statement of a doctor as to the disability of the claimant and the claimant's ability to return to work. A doctor is qualified to testify as to anatomic or functional impairment. Testimony as to the claimant's disability is beyond the doctor's competence to testify as a medical expert. Doctor's testimony as to an impairment rating must be pursuant to a schedule based on generally accepted medical standards such as the American Medical Association guidelines.JCC erred in failing to explain the reason for accepting the testimony of one doctor over that of another. In this case there was no record evidence to support a determination as to why the judge accepted the testimony of one doctor over another. The employer/carrier denied the claimant's request for chiropractic care without fulfilling the requirements of Section 440.13(2). Claimant requested chiropractic care and orthopedic surgeon located some 25 miles from claimant's residence was authorized.
