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.
Alachua County Board of County Commissioners v. Starling
22 FLW D2210
In following the case of North River Insurance Company
v. Wuelling, 683 So. 2d 1090, court determined that
employer/carrier's failure to timely file a notice of
denial did not forfeit their rights to contest
compensability of an alleged on-the-job accident.
Employer/carrier's failure to file timely notice of
denial was the procedural equivalent of denying a
petition for benefits.
Temporary total disability and medical benefits found
properly payable through the date at which time the JCC
found the claimant to have reached maximum medical
improvement.
Dissenting opinion. Dissenting judge opined that JCC
erred in establishing MMI date. There was a
controversy between two doctors as to the correct MMI
date. Although a JCC need not generally explain why
the testimony of one doctor is accepted over that of
another, an explanation is required if the reason is
not apparent from the record or if it appears that the
JCC overlooked or ignored evidence. This rule is
particularly applicable in regards to the establishment
of an MMI date. A determination of MMI should be based
upon a clear explicit expression of that fact set forth
in medical records or medical opinion testimony.
