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.
Gephart v. Silver Springs Shores Golf & Country Club
545 So.2d 330, 14 Fla. L. Week. 1170, (Fla.App. 1 Dist., May 12, 1989)
The deputy commissioner rejected the testimony of a physician based on the fact that the claimant's attorney had sent the claimant to the physician. Although referral by a treating physician has been noted parenthetically as indicative of the need for treatment the source of the referral has not been given such dispositive weight that uncontroverted medical testimony should be ignored. Court ruled that rejection of medical testimony without sufficient reason was error.The employer must furnish medical treatment when it knows or reasonably should know from facts properly and diligently investigated that the nature of the injury requires such treatment. Medical record forwarded to employer indicated need for psychiatric care. Claimant sought psychiatric care on his own and because of the fact that alternate medical care was not provided after the employer knew of such need medical care obtained by claimant was determined to be authorized. Case remanded to deputy commissioner to determine the reasonableness and necessity of the treatment sought by the claimant on his own.Once the claimant and carrier agree on a treating physician and a satisfactory physician/patient relationship is established when a change in the authorized treating physician is requested by the carrier and the claimant disputes the change the burden is on the carrier to show good cause for the change and that it is in the claimant's best interest. The carrier has the burden to obtain an order authorizing a new treating physician or incur the risk of a ruling against good cause for this change.
