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.
Florida Community Health Center v. Ross
590 So.2d 1037, 17 Fla. L. Week. D45, (Fla.App. 1 Dist., Dec 17, 1991)
1987 amendments to Section 440.02 regarding valuation of non-cash compensation for average weekly wage determination are substantive and should not be applied retroactively.The 1990 amendment to Section 440.15(1)(b), Florida Statutes, requiring a 100 mile work search is a substantive amendment and has no retroactive applicability.Penalties are awardable where benefits were not paid until more than 30 days after an appellate court decision becomes final. The penalties are payable at the rate of 20%. Interest is also payable.Section 631.57(1)(b), Florida Statutes, prohibits the award of pre-judgment interest and penalties against FIGA. Judge's order awarding interest and penalties reversed. Nothing prevents an award of interest on compensation benefits not paid after the final judgment is entered. The employer may be held liable for pre-judgment, interest and penalties. Any interest which FIGA as the successor of a workers' compensation carrier at risk which has gone into liquidation is not required to pay must be paid by the employer.Claimant established entitlement to permanent total disability benefits, despite her ability to perform light duty employment. The claimant performed a lengthy and exhaustive job search resulting in an inability to perform employment within her limitations.
