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.


Karell v. Miami Airport Hilton/Miami Hilton Corporation

21 FLW D316

The JCC has no jurisdiction to compel the claimant to attend an IME during the informal dispute resolution process provided for in Section 440.191, Florida Statutes. Review of the order requiring the IME treated by appellate court as an interlocutory appeal pursuant to Rule 4.160(a)(1)(A), Florida Rules of Workers' Compensation Procedure as amended November 9, 1995. There is authority for the JCC to act prior to the filing of a petition for benefits only in certain circumstances. For example, under Section 440.30, the JCC can order the taking of a deposition before a claim is filed. However, such authority is limited to proceedings in which the claimant is represented by an attorney and a fee is payable to the attorney. Section 440.33(1) as implemented by Rule 4.090, Florida Rules of Workers' Compensation Procedure provides for the preclaim production of documents if the claimant is represented by an attorney. However, nothing is contained in the Florida Statutes that allows for a preclaim order of the JCC to compel an IME.