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.
Turners of Miami Corporation v. Busot
25 FLW D1495
Pursuant to Section 440.13(2)(d), Florida Statutes
(1997), a treating physician can be deauthorized by the
employer/carrier if an IME doctor determines that the
claimant is not making appropriate progress in
recuperation from a work related accident. Court
determined that while the statutory provision may give
the employer/carrier the unilateral right to
deauthorize and transfer care without prior JCC
approval based solely on the opinion of a single IME
physician, this does not elminate the role of the JCC
in determining after the fact the appropriateness of
such deauthorization and transfer. Similarly, the
employer/carrier can unilaterally deauthorize a
physician for overutilization based upon its own
determination but at the same time, the JCC retains
jurisdiction to determine whether such deauthorization
was in the best interest of the claimant in terms of
the claimant's continued need for medical services.
