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.
Torres v. Smithkline Beecham Company
21 FLW D1742
Order entered by JCC denying her claim for permanent
total disability benefits and awarding wage loss
benefits and vocational rehabilitation assistance.
Court determined that JCC erred in failing to award
claimant penalties and interest on the award of wage
loss benefits. The employer/carrier failed to inform
the claimant of her rights and obligations with regards
to wage loss benefits. Although the employer/carrier
may decline to pay wage loss benefits until completed
forms are submitted, they do so at the risk of
penalties and interest if they have not performed their
statutory obligations with regard to wage loss
benefits.
In previous order entered by JCC and considered on
appeal, the claimant had made claim for vocational
rehabilitation. The claim for vocational rehabilitation
had been in the previous claim for benefits and the
pre-trial. However, the judge had failed to rule on
these benefits and that failure had not been appealed
by the claimant. Court determined that claimant had
abandoned the claim for rehabilitation benefits and the
JCC erred in awarding this benefit.
