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.
Haas v. Seekell
538 So.2d 1333, 14 Fla. L. Week. 467, (Fla.App. 1 Dist., Feb 17, 1989)
Entitlement to attorney's fees based on bad faith must
be specifically litigated as a separate issue at the
hearing with factual evidence presented going directly
to that issue. Entitlement to attorney's fees in this
case based on bad faith was not specifically litigated
as a separate issue at the hearing and accordingly the
award of attorney's fees was reversed. Deputy
commissioner found that accident on the job aggravated
the claimant's preexisting arthritic hip condition.
Court determined that there was competent substantial
evidence including both medical and lay testimony to
support this causal connection finding. Whether the
employment aggravated the preexisting condition is a
question of fact not law and a finding of fact on
this point by the deputy commissioner based on any
medical testimony will not be disturbed on appeal. A
psychologist is competent to render an opinion
regarding the causal relationship between a claimant's
mental disorder or condition and the injury sustained
in a compensable accident. The psychologist may not
testify that the accident caused organic brain damage
although the psychologist may testify as to the
existence of organic brain damage. Court determined in
this case that there was sufficient facts other than
the psychological testimony that the organic brain
damage did result from the compensable accident.
