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.
K-Mart v. Young
526 So.2d 965, 13 Fla. L. Week. 1248, (Fla.App. 1 Dist., May 25, 1988)
The deputy commissioner cannot award the claimant either temporary total or temporary partial disability benefits. The parties should not be left to speculate as to the meaning of an order.In determining whether a judges order conforms to the requirements of Pierce v. Piper the IRC and not the Supreme Court will make the final determination unless the IRC acts arbitrarily.The deputy commissioner can rely on the testimony of an unauthorized physician in awarding the benefits.Doctor testified that claimant could not return to the type of work she was doing at the time of her injury but was capable of some type of part-time employment. Court determined the deputy commissioner erred in awarding the claimant temporary total benefits. Temporary partial compensation was due but only as established by a conscientious work search or a medical excuse excusing a work search.A claimant may not receive workers' compensation benefits and disability benefits from another private source provided by the employer in excess of the claimant's average weekly wage.
