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.
Office Depot, Inc. v. Sweikata
24 FLW D1370
Section 440.15(5)(e), Florida Statutes (1994), permits
medical opinion testimony only by an expert medical
advisor, independent medical examiner or authorized
treating provider. Doctor in this case was not
designated as one of these physicians and gave
testimony about the claimant's preexisting condition.
Court determined that it was error in excluding
physician's testimony from evidence. The
employer/carrier had offered the doctor's testimony for
the purpose of adducing his factual observations and
diagnosis of the claimant's preexisting condition. The
doctor was not rendering any medical opinions as to the
claimant's current condition. Even though not
designated as a treating physician, independent medical
examiner or expert medical advisor, court determined
that doctor could testify as to the claimant's
preexisting condition.
JCC erred in awarding attendant care to family member
based on federal minimum wage. At time of this
accident, family member was employed and terminated
that employment to provide attendant care for the
claimant. Family member should have been awarded her
hourly wage while employed.
Another family member remained employed and provided
attendant care for the claimant. Attendant care for
this family member should have been paid at the
prevailing market rate since he was employed at the
time of the accident and was not required to
discontinue his employment to provide attendant care.
Claimant can be PT prior to actual MMI at the
expiration of 104 week limit while still receiving
temporary disability benefits. JCC erred in finding
that the claimant could only be PT at MMI.
