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.


Zabik v. Palm Beach County School District

30 FLW D2260

Certiorari review by District Court of Appeals is allowed if the JCC orders a psychiatric MMI without statutory authority.

IMEs are allowed only in specified circumstances. Section 440.13(5)(a), Florida Statutes (2000), permits an IME if the facts disclose a dispute regarding overutilization, medical benefits, compensability, or disability. Section 440.1925(1), Florida Statutes, authorizes an IME if there is a dispute regarding maximum medical improvement or permanent impairment. It is incumbent upon the party seeking an IME to prove the existence of a dispute. Court determined that JCC erred in this instance in ordering an IME. The most that the employer/carrier had shown in support of a motion for an IME was that the IME might resolve a future dispute over whether the claimant was psychiatrically disabled. Such a speculative dispute did not comply with the statutory requirements of a current controversy concerned with issues that would authorize an IME.