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 D1667
(On Motions for Clarification and/or Rehearing-Original
Opinion at 24 FLW D1370) Pursuant to Section
440.13(5)(e), Florida Statutes (1994) medical opinion
testimony may only be given by an expert medical
advisor, independent medical examiner, or authorized
treating physician. This exclusion of other medical
testimony does not relate to a factual report of a
doctor who testified in regards to a claimant's
preexisting medical condition.
JCC erred in awarding attendant care provided by
claimant's mother and husband payable at the federal
minimum wage rate. Claimant's mother left her job to
care for the claimant and court ruled that such
attendant care payments should be at the wage rate of
the job that she had to quit to provide for such care.
Claimant's husband did not have to quit his job but
provided attendant care during his non-work activities.
Court determined that his attendant care should be at
the prevailing market rate.
A claimant can be deemed permanently and totally
disabled even though medically not at maximum medical
improvement at the expiration of the 104 week limit for
receiving temporary disability benefits. Judge erred
in concluding that he could not deem the claimant to be
PT until MMI.
