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.
Taylor v. Columbia/HCA Doctors Hospital of Sarasota and RSKCo
25 FLW D123
Claimant appealed JCC's order granting
employer/carrier's Motion to Compel an independent
medical examination (IME) by a psychiatrist. Claimant
did not obtain a stay of the JCC's order and instead
submitted to examination during the pendency of this
appeal by Petition of Writ of Certiorari. Petition for
Writ of Certiorari denied. Before Appellate Certiorari
jurisdiction may be invoked to address the substance of
a lower tribunal's order, the petition must establish
that the order results in a material harm irreparable
by post judgment appeal. In the context of a compelled
physical or psychiatric examination, the required
element of irreparable harm may be found based on the
notion that once the invasive harm of the examination
occurs, it cannot be undone on appeal. Since the
claimant had undergone the ordered IME, the element of
irreparable harm was not present and accordingly, the
petition was denied.
