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.
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Spinelli v. Florida Dept. of Commerce
490 So.2d 1294, 11 Fla. L. Week. 1393, (Fla.App. 1 Dist., Jun 20, 1986)
Temporary disability benefits or other compensation if otherwise appropriate may be awarded even if a claimant is seeing an unauthorized physician during a time of disability since the statutes do not limit payment of disablity benefits to time lost from work while seeing only an authorized physician.Deputy commissioner does not have jurisdiction to rule on issues relating to state employees' vacation and sick time allowances. Such issues are more properly resolved in administrative proceedings as prescribed by Chapter 120 Florida Statutes.Employer allowed claimant to miss work to seek treatment from an otherwise unauthorized doctor. Court determined that such actions by employer did not estop it from thereafter asserting that doctor was unauthorized especially when other doctors were authorized to provide treatment to claimant.State of Florida authorized administrative leave for claimant to see chiropractor. Court ruled that the granting of such administrative leave for the purpose of allowing the claimant to go the chiropractor did not estopp the state from asserting that the chiropractor was unauthorized.Court ruled the deputy commissioner did not have jurisdiction to rule on claimant's entitlement to reinstatement of her state vacation and sick leave benefits. That issue would be more appropriately resolved in an administrative proceeding as prescribed by Chapter 120 Florida Statutes.