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.
Chavez v. J & L Drywall
28 FLW D2667
Employer/carrier requested an IME and allowed the claimant’s attorney to attend. Employer/carrier also sought to have its attorney attend the IME "to ensure that petitioner’s counsel does not disrupt the examination or question (the doctor) improperly". JCC allowed the attorney for the employer/carrier to attend IME. On appeal, JCC’s decision reversed. An employer/carrier’s counsel may not attend a claimant’s IME over the claimant’s objection based upon a speculative assertion that the claimant’s counsel may disrupt the examination or question the examining physician improperly. Should an interference occur by the attorney for the claimant, the JCC may take appropriate steps to provide the physician with a reasonable opportunity to complete the examination, such as barring the claimant’s attorney from attending the IME. Likewise, the JCC may also bar a claimant’s attorney from attending an IME if an employer/carrier makes a showing that a claimant’s attorney will disrupt the examination. Writ of Certiorari allowed in this case to review the JCC’s decision. In order to establish an entitlement to certiorari relief, a petitioner must demonstrate that the order under review departs from the essential requirements of law and that the order will cause irrepairable harm that cannot be remedied on plenary appeal. In this case, the claimant established the required element of irrepairable harm because the presence of the employer/carrier’s attorney at petitioner’s IME could not be undone on appeal.
