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.