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.
Wal-Mart Stores, Inc. v. Capuano
800 So.2d 652, 26 FLW D2576
A provision in a managed care arrangement allowed the
employer/carrier to obtain a second medical opinion.
The JCC refused to enforce this provision since it was
in conflict with Section 440.134, Florida Statutes,
which only allows for a second medical opinion (as
opposed to an independent medical examination)when
requested by the injured worker. On appeal, the court
determined that JCC did not have authority or
jurisdiction to effectively strike a portion of the
managed care plan that had been approved by the Agency
for Healthcare Administration(AHCA). Section 440.134,
Florida Statutes, places the authorization and
supervision of a managed care arrangement within the
authority of AHCA and the JCC has no authority or
jurisdiction to change the terms of a managed care
arrangement.
Petition for Writ of Certiorari however was denied.
Since authorization and supervision of managed care
arrangements are within the authority of AHCA, the
issues in this case belong in that arena. The result
reached by the JCC did not constitute a departure from
the essential requirements of law.
