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.
Hurley v. Stuart Fine Foods
22 FLW D336
Evidence of record supported the JCC's finding that the
claimant voluntarily limited her employment thereby not
being entitled to wage loss benefits when she refused a
modified cashier's position that had been offered to
her by the employer. The JCC gave adequate reasons for
relying on the opinion of the neurologist as opposed to
the chiropractor in making the determination that the
claimant could perform the modified job.
JCC erred in denying wage loss based on the offered job
when the claimant moved away from the place of the
employer's business. There is no requirement that a
claimant continue to live in her pre-injury residence.
The JCC made no finding that the move away from the
employer's business and the claimant's pre-injury
residence was the result of improper motivation and
there was no evidence that the claimant's relocation
following her injury was motivated by a desire to avoid
work.
The JCC erred in determining that the offer of a job
requiring a daily round trip of 134 miles constituted a
job offer within a reasonable geographic area as
required by Section 440.15(4)(b), Florida Statutes
(1991). The claimant in this instance had an anterior
discectomy with an interbody fusion at C5-6 and C6-7
and there was uncontroverted testimony at the merits
hearing showing that the claimant had continuing neck
pains which were exacerbated by prolonged driving.
