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.