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.
Coq v. Fuchs Baking Co.
507 So.2d 138, 12 Fla. L. Week. 1148, (Fla.App. 1 Dist., May 05, 1987)
Original Opinion (12 FLW 574)Court determined DC erred in determining there was no medical evidence to support a finding that the claimant's asthmatic condition was related to his job conditions. A pre-trial stipulation was entered into between the parties accepting a date of injury and the existence of a compensable accident.When employer/carrier in the pre-trial stipulation accepts a date of injury and the existence of a compensable accident the issue of whether the claimant had suffered an accident becomes moot.Corrected Opinion:Court determined claimant had permanent impairment warranting payment of wage loss where he was 100% disabled from working around substances that caused asthmatic attacks but would suffer no impairment if he avoided such substance. This case related to the occupational disease of asthma.The AMA guidelines do not cover asthmatic conditions and medical conditions where the claimant has an allergic reaction to his work place that prevents him from functioning in this chosen occupation. Since the AMA guidelines do not apply in such circumstances the permanent impairment rating can be established by generally accepted medical criteria as opposed to the AMA guides.In the absence of evidence that the claimant has voluntarily limited his income a claimant by finding and holding a job is considered to have performed the equivalent of a work search. Accordingly once the claimant accepted employment he fulfilled the requirement of a work search and was entitled to wage loss resulting from any demunition between his preinjury and post-injury average weekly wage.Deputy erred in using AMA guidelines in establishing permanency for claimant's asthmatic condition. This condition is not covered by the AMA guides and therefore "generally accepted medical criteria" should be used in determining permanent impairment.Once claimant accepts employment he fulfills the requirement of a work search and is entitled to wage loss. The Deputy erred in determining that the claimant had failed to procure employment commensurate with his abilities observing that the claimant although trained as a tailor had not sought such employment and had also dropped out of a rehabilitation program. There is no evidence of wages that could be earned as a tailor nor was there evidence that employment as a tailor was available. The claimant dropped out of the rehabilitation program because of medical difficulties associated with the accident.An employee is excused from a job search if the employer fails to inform the employee of his rights and responsibilities under the Workers Compensation Act. In this case the claimant was never provided any wage loss forms by the employer/servicing agent and was never informed of his responsibility to conduct a work search. Even though doctor advised claimant to seek employment the work search requirement was nonetheless excused. The work search is also excused even if the claimant's attorney advises the claimant to do a work search.
