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.
Vadala v. Polk County School Board
27 FLW D1032
Claimant suffered successive injuries, the first being
a back injury and the second being a knee injury.
Court determined that JCC erred in concluding that
second injury (knee) was the cause of the disability
and the basis for determining the claimant's
average weekly wage.
The judge's basis for this determination was
that the claimant had not missed any time from work for
the first accident and missed time following the second
accident. However, except for post-operative recovery
times, the claimant did not miss work because of the
second injury. Moreover, continuing to work
even though in constant pain following an injury, does
not preclude compensation for disability when pain
forces cessation of work thereafter. The fact that the
claimant did not miss work following the first accident
did not alone provide competent substantial evidence
that the first accident did not contribute to the
claimant's overall disability.
In determining the average weekly wage in situations of
successive accidents, the pertinent period for an
average weekly wage determination is the commencement
of disability, which occurs when the claimant's
condition has deteriorated to the point he can no
longer work.
