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.
McClennan v. American Building Maintenance
648 So.2d 1214, 20 FLW D218
Employer/carrier scheduled an independent medical
examination of the claimant pursuant to Section
440.13(2)(b), Florida Statutes. Claimant's attorney
advised the employer/carrier that he would attend the
examination at which time, the employer/carrier filed a
motion to exclude the claimant's attorney. The judge
entered an order precluding the attorney's attendance.
Court determined that not allowing the claimant's
attorney to be present during an IME was error. The
employer/carrier had failed to demonstrate any valid
reason for excluding the claimant's attorney and
therefore, the judge should have permitted the
attorney's attendance at the IME. See also U.S.
Security Insurance Company v. Cimino, 25 FLW S187 dated
March 9, 2000 in which the Supreme Court determined
that an independent medical examination in a personal
injury protection claim, an insured is entitled to an
attorney or videographer to be present at the physical
examination.
