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.
Wiggins v. B & L Services, Inc.
22 FLW D2159
Claimant filed request for independent medical
examination payable by the employer/carrier.
Employer/carrier took the position that the IME
evaluation must be from a physician in the contracted
managed care arrangement. In determining this issue,
it is first necessary to determine whether the
claimant's motion sought an IME for the purpose of
resolving a dispute regarding her entitlement to
indemnity benefits or for the purpose of resolving a
dispute concerning the provision of medical treatment
care or attendants. If the IME is for the purpose of
determining the provision of medical treatment, care or
attention, the IME must come from the doctors within
the managed care arrangement. However, if the IME is
for a determination as to indemnity benefits payable,
then the IME need not be from a doctor within the
managed care arrangement. Case remanded to JCC for a
determination of why the IME was being requested. The
managed care provisions of the Florida Workers'
Compensation Act were not intended to govern the
selection and use of medical expert witnesses pursuant
to Section 440.13, (5), Florida Statutes. The managed
care provisions were intended to govern only the
employer/carrier's provision of "medically necessary"
remedial treatment care and attention under subsections
440.13(2)(a) and (b).
