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.
Navarro v. Sugarcane Growers Cooperative
661 So.2d 946, 20 FLW D2375
Rule Nisi proceedings filed in circuit court seeking to
enforce JCC order authorizing treatment by a physician
and a licensed massage therapist. Employer/carrier had
deauthorized such treatment unilaterally even though
ordered to provide such care by the JCC. Appellate
court determined that circuit court had jurisdiction to
enforce order awarding medical care. The enforcement
of a workers' compensation order is within the
jurisdiction of the circuit court. In this proceeding
to enforce the order of the JCC, the only issue which
should have been considered by the circuit court was
whether the order was still in effect. Since the order
was still in effect, the circuit court should have
enforced it. Since an order had been entered by the
JCC awarding the medical benefits, the employer/carrier
should have filed a Petition for Modification pursuant
to Section 440.28 in order to change that order.
Section 440.13(2)(d), Florida Statutes, allows for the
deauthorization of a medical care provider if an
independent medical examination determines that the
employee is not making appropriate progress in
recuperation. Court did not make a determination as to
whether this statutory provision had retroactive
application to injuries occurring before the effective
date of this amendment. The court did note that a
portion of the 1994 amendments relating to
deauthorization had been held not to apply
retroactively because it would alter substantive
rights. See Merrit Manor Nursing Home v. Caldwell, 667
So.2d 265.
