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.
Florida Power Corporation v. Hamilton
20 FLW D1630
Maximum medical improvement marks the date at which
recovery or lasting improvement from an injury can no
longer be anticipated. The determination of maximum
medical improvement is essentially a medical question.
A judge of compensation claims ought not to accept a
stipulation as to a date of maximum medical improvement
if the evidence is at variance with the stipulation and
good cause is shown for modification of the stipulated
date. Competent and substantial evidence supported the
judge's finding as to MMI.
Entitlement to temporary total disability benefits can
be shown by medical evidence of an inability to work or
evidence of a good faith albeit unsuccessful work
search. Claimant in this instance did not do a work
search. Court determined that the combination of
medical evidence and the testimony of a vocational
specialist constituted competent substantial evidence
which supported the award of temporary total disability
benefits.
The employer filed timely notices to controvert each
claim for wage loss benefits. However, there was no
notice to controvert the claim for temporary total
disability benefits. The failure to file a timely
notice to controvert a claim for a certain class of
benefits may subject an employer or carrier to
penalties. There was no evidence that a formal claim
for temporary total benefits was claimed in this
instance except in the pre-trial stipulation wherein
the employer denied all benefits claimed. Since there
was no claim for temporary total benefits, it was error
to award penalties.
The evidence in this case indicated that the claimant
was cognizant that his physicians had recommended that
he attempt light duty work and claimant was appraised
clearly of his duty to conduct a job search. In these
circumstances, the claimant cannot rely upon the line
of cases which hold that the work search requirement is
waived when the record reflects that the employer did
not expressly advise the claimant of his or her
obligation to do conduct a work search.
