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.
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Merritt Manor Nursing Home v. Caldwell
20 FLW D2007
The 1994 amendments to Section 440.13(5)(e), Florida
Statutes, are substantive and accordingly, the date of
accident controls. Employer/carrier had sought to
exclude the testimony of a physician because he was an
unauthorized independent medical examiner. Since this
accident occurred prior to January 1, 1994, Dr. able to
testify even though he was an unauthorized independent
medical examiner.
Under Section 440.15(1)(b), Florida Statutes, only
claimants with catastrophic injuries as defined by
Section 440.02, Florida Statutes are eligible for
permanent total benefits. This provision is
substantive and since this accident occurred prior to
January 1, 1994, had no application to the facts in
this case.