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.
Kilbourne & Sons v. Kilbourne
21 FLW D19
Judge erred, based on attorney client privilege, in not
allowing the employer/carrier to inquire of the
claimant as to whether his knowledge of the need to do
a work search for entitlement to wage loss came from
instructions from his attorney. Statements made by the
claimant's attorney advising the claimant of the
statutory work search requirement is not a confidential
communication within the purview of Section 90.502,
Florida Statutes.
Employer/carrier did not waive its defense to a wage
loss claim of failure to do a good faith work search
because this defense was not listed in the Notice of
Denial. This defense was noted in the pre-trial
stipulation which had been approved by the JCC and the
defense was properly at issue in the workers'
compensation proceedings.
The question of whether the claimant has reached MMI is
essentially a medical question and should not be
confused with when a claimant is able to return to work
in some capacity which is a mixed question involving
medical and other evidence including the claimant's own
testimony. The determination that MMI has been
achieved should ordinarily be based upon a clear,
explicit expression of that fact set forth in medical
records or medical opinion testimony. Medical doctors
in this case testified directly as to MMI and judge
rejected this testimony based upon the judge's review
of the medical records indicating that the claimant had
not received medical care for a significant period of
time. Judge's finding which was contrary to testimony
of doctor determined to be in error.
If an employer fails to pay compensation benefits when
due, it is mandatory that a 10% penalty be assessed.
The penalty is excused only if a timely and appropriate
Notice of Denial has been filed. A Notice of Denial
pursuant to Section 440.20(6), Florida Statutes (1993)
must be filed within 21 days of knowledge of an alleged
injury or death. In determining compliance with the 21
day requirement, the JCC must look to the date on which
the Notices of Denial were filed with the Division, not
the date the notice was sent to the Division. JCC
erred in determining entitlement to penalties based
upon the date the Notices of Denial were sent to the
Division rather than the date the notices were filed
with the Division.
