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.
U.S. Agri-Chemicals Corporation v. Camacho
33 FLW D710
Court determined that JCC erred in admitting into evidence depositional testimony of treating physician. The doctor was not an authorized treating provider, an independent medical examiner, or an expert medical advisor. However, because the judge stated in his order that he would have reached the same result in the ultimate conclusions without the deposition of the treating physician and that result is supported by competent and substantial evidence, court concluded that error was harmless.Employer/carrier asserted on appeal that since there were disagreements between two independent medical examiners regarding causation, the judge was obligated to appoint an expert medical advisor. However, the employer/carrier never requested that the judge appoint an expert medical advisor. Accordingly, this issue was not preserved for appeal. While the judge has an independent duty to appoint an expert medical advisor when the evidence calls for it, failure to do so does not constitute fundamental error and may not be raised for the first time on appeal.
