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.
Helmsman Management Services, Inc. and Florida Power & Light v. Garner
24 FLW D79
Employer/carrier should have been allowed the
opportunity to have an expert medical advisor (EMA)
appointed to resolve differences in medical opinions
even though the motion for an EMA was not made until
the final hearing. Either at the pre-trial conference
or in the pre-trial stipulation, the parties are
obligated to exchange the names of expert witnesses and
their written reports. Their reports should clearly
disclose the expert opinion and its basis on all
subjects on which the expert will testify. In this
case, the doctor testified at the time of the final
hearing that the claimant had a 40% to 45% permanent
impairment rating with significant work restrictions.
These opinions were not expressed in any reports that
the doctor had previously submitted. Because these
opinions conflicted with those of other doctors, the
employer/carrier should have been granted an EMA
evaluation.