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.
D'andrea v. Wal-Mart Stores, Inc.
23 FLW D1491
Treating neurologist determined claimant to be at MMI
from a neurological standpoint but referred the
claimant to a physiatrist. Court determined that JCC
erred in establishing MMI based upon testimony of
neurologist. Reaching MMI from a neurological point of
view is not overall MMI especially since there was a
referral made to a physiatrist. Physiatrist testified
that claimant was at MMI when he first saw the
claimant. Court determined that overall MMI was
reached when physiastrist first saw claimant.
Chiropractor had testified that claimant was not at MMI
and recommended further chiropractic treating.
Chiropractor's opinion rejected by JCC since
chiropractor testified that he did not know that
chiropractic treatment would improve claimant's
condition since a year had passed since the injury and
that he only recommended treatment because it had not
previously been offered. Court determined that JCC may
accept the testimony of one doctor over another and a
JCC may reject unrefuted medical testimony he or she
disbelieves provided a reason is given. Competent and
substantial evidence supported the JCC's rejection of
the chiropractic testimony.
