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.
Oak Const. Co. v. Jackson
522 So.2d 1068, 13 Fla. L. Week. 919, (Fla.App. 1 Dist., Apr 12, 1988)
Claimant suffered disabling heart attack subsequent to compensable back injury thus precluding him from participating in pain clinic treatment for his back. Court affirmed deputy commissioner's finding of permanent total compensation. Evidence established the fact that the claimant was permanently and totally disabled as a result of his back injury disregarding the disabling effects of the heart condition.Reverse merger applies when a subsequent non-related and non-compensable injury is superimposed upon a permanent compensable condition thereby producing disabilities greater than that which would be suffered as a result of the compensable injury by itself. Reverse merger is not proper and cannot be the basis of an increased disability award. Reverse merger is inapplicable however where the deputy determines that the disability due to the claimant's prior industrial accident is independent of his subsequent non-related injury sufficient to cause the disability. In this case the court determined that the claimant's injuries resulting from his compensable accident alone were sufficient to make the claimant permanently and totally disabled.There is no requirement that only the claimant file or sign the wage loss forms. In this case the claimant's attorney prepared the wage loss forms and copied the signature of the claimant on to the forms. Court held this to be sufficient to warrant the payment of wage loss benefits.An unsuccessful job search over an extended period of time can support a finding of permanent total disability.
