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.