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.
Florida Distillers v. Rudd
25 FLW D547
The legislature has adopted the Social Security
Disability standards for determining if there is a
catastrophic injury as a prerequisite for obtaining
permanant total disability benefits in those cases
where a claimant does not have one of the permanent
impairments listed in Section 440.02(34), F.S.
However, there is no requirement in Chapter 440 that a
JCC is bound by the award or denial of a claim for
social security disability benefits by the Social
Security Administration in determining if there is a
catastrophic injury. Given the fact that the evidence
may vary between a workers' compensation proceeding and
a proceeding on a claim for social security disability
benefits, it would be unjust to view Federal disability
determinations as carrying binding precedential
authority in a proceeding under Chapter 440, Florida
Statutes.
Employer/carrier alleged that Petition for Benefits
should have been dismissed because the employer/carrier
had a managed care arrangement pursuant to Section
440.134, Florida Statutes, and claimant had failed to
file a grievance under the managed care system. Court
determined that even if a managed care arrangement had
been in place, dismissal of the entire Petition for
Benefits would not be appropriate. The existence of a
managed care arrangement would be relevant to any claim
for medical treatment but would not be dispositive of
the claim for indemnity benefits.
Court determined that a neurologist was authorized to
provide treatment for the claimant. A Request for
Assistance had been filed for a neurologist but never
authorized by the employer/carrier. Accordingly,
claimant could seek treatment and recover the cost of
the treatment. Doctor with whom claimant sought
treatment was deemed to be an authorized doctor and
allowed to testify at the final hearing.
