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.
Union Camp Corporation v. Hurst
23 FLW D1396
The medical opinions admissible in a proceeding before
a JCC are limited to the opinions of 1) a medical
advisor appointed by the JCC or division; 2) an
independent medical examiner or 3) an authorized
treating provider. Medical evaluations not fitting
into these three categories are non-admissible. In
this case, claimant's attorney had arranged for the
claimant to be seen by two unauthorized doctors. Court
rejected claimant's argument that the doctors were
authorized since employer/carrier knew of the
claimant's need for medical care and treatment and
failed to provide the care. The claimant is under an
affirmative obligation to request an IME under Section
440.13(5)(a), Florida Statutes (1994) if he objects to
the employer/carrier's decision to controvert requests
for medical care. The claimant is entitled to obtain
such an IME of his choice at the expense of the
employer/carrier.
Claimant suffered a post-January 1, 1994 accident. In
determining his PT status, the 1994 changes in the law
were applicable. Under the 1994 law, JCC's findings
establishing PT were insufficient where the judge ruled
that the claimant was unable to maintain gainful
employment on a continual and uninterrupted basis and
was incapable of performing even light work on an
uninterrupted basis due to physical limitations.
Claimant has the burden of proving PTD. Neither the
claimant nor the JCC addressed the catastrophic injury
requirements of the 1994 law in determining the PT
status of the claimant.
Under the 1994 law describing a catastrophic injury,
claimant's receipt of social security disability
benefits alone is not sufficient to qualify him for PTD
benefits. The claimant must prove every element of his
claim, including the element of a causal connection
between his compensable injury and the inability to
work in qualified employment which has entitled him to
receive social security disability benefits.
