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.
ABC Liquors, Inc. v. Acree
22 FLW D1331
Where modification of attendant care benefits was
sought on the ground that the claimant had
misrepresented her need for attendant care, JCC erred
in excluding evidence proferred by the employer/carrier
to show that the claimant was able to perform
activities of daily living without attendant care.
When faced with conflicting evidence, the JCC is
required to determine the claimant's credibility. The
JCC's apparent ruling that the medical profession has
the exclusive responsibility to decide a claimant's
credibility is error.
Although medical testimony is needed to show that
attendant care is medically necessary (see
440.13(2)(b), Florida Statutes) such opinion testimony
rests on a factual predicate. For that reason, lay
testimony can prove dispositive on entitlement to
medical benefits in an appropriate case.
