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.
Lakeland Regional Medical Center v. Murphy
22 FLW D1560
Medical testimony 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. Court determined in this
case that the testifying doctors were not authorized.
Employer/Carrier authorized doctors to treat the
claimant but claimant chose his own. Court rejected
claimant's position that doctors chosen by him were
authorized by operation of law because an appointment
was never scheduled by the employer/carrier with the
authorized doctor.
Claimant requested an IME which was never responded to
by employer/carrier. Therefore, claimant selected his
own IME. Court determined that the claimant's
selection of an IME doctor did not make the testimony
of the doctor admissible. Although Section 440.13(5)
enables an employee to select an independent medical
examiner, Section 440.13(5)(c) provides that an
attorney representing a claimant is not authorized to
schedule an IME. Because of the fact that the attorney
for the claimant scheduled the IME, this did not make
the IME doctor authorized.
