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.


Scotty's, Inc. v. Sarandrea

645 So.2d 121

MMI is the date after which recovery or lasting improvement from an injury can no longer be anticipated. The question of when a claimant has reached MMI is essentially a medical question and as such should be answered by medical experts. The JCC must offer a sufficient reason for rejecting expert medical testimony especially if such testimony is unrefuted. Judge erred in not accepting unrefuted medical testimony as to MMI. A JCC may order an IME to assist the JCC in ascertaining the rights of the parties. However, if there is no conflicting medical evidence at the hearing, the JCC may not order the employer/carrier to pay the cost of the IME. In this case, there was no conflicting medical evidence and accordingly, the court determined that it was error for the JCC to order the employer/carrier to pay for IME. Dissenting opinion.