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.
Claims Management, Inc. Wal Mart Store #2081 v. Grenier
26 FLW D148
(Corrected opinion-original opinion at 25 FLW D2750)
Where a managed care plan exists, the JCC must deny a
claimant's request for an IME if the purpose of the IME
is to resolve a dispute regarding the provision of
medical treatment care and attendance. Such disputes
are to be resolved through a request for change of
provider (see Section 440.134(10)(c), Florida Statutes
(1997)) or a grievance under procedures established
pursuant to Section 440.134(15), Florida Statutes.
When the dispute does not concern the provision of
medical treatment, care and attendance, however, the
managed care provisions do not govern the selection and
use of medical expert witnesses under Section
440.13(5), Florida Statutes. In this case, the dispute
did not involve the provision of medical treatment,
care and attendance; rather, the dispute related to
a determination of the causation of the claimant's
condition. The managed care provisions of
the Florida Workers' Compesnation Act were accordingly
not applicable. JCC's authorization of an IME
affirmed.
