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.
Weather Engineers v. Presgraves
26 FLW D163
When an employee is covered under a managed care
arrangement pursuant to Section 440.134, Florida
Statutes (1997), the JCC lacks authority to determine
entitlement to medically necessary remedial treatment
care and attendance if the claimant has not exhausted
existing managed care procedures. The JCC does have
authority to determine indemnity benefits payable. In
this case, the claimant filed a motion for an IME in
order to obtain medical treatment, not indemnity
benefits. Court determined that JCC departed from the
essential requirements of law by ordering a psychiatric
IME before the claimant had exhausted the existing
managed care procedures including its grievance
procedure pursuant to Section 440.134. JCC's order
granting claimant's motion for an IME reversed.
