Cases
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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De la Pena v. Sunshine Bouquet Company
29 FLW D595
JCC entered order granting the claimant an independent medical examination. The employer/carrier failed to schedule an appointment with the IME doctor within the ten days indicated in the order and the claimant petitioned the circuit court for a rule nisi to enforce the order. At the hearing on the rule nisi proceedings, the employer/carrier argued that they had been unable to schedule the IME because the examining doctor insisted on pre-payment and a fee which exceeded the amount allowable for the examination.The court determined that the circuit court does have jurisdiction to enforce a final compensation order of a Judge of Compensation Claims. However, interlocutory orders, such as the one at issue, are matters which properly belong before the Judge of Compensation Claims who has the power to enforce his or her own interlocutory order. See Section 440.33, Florida Statutes. The employer/carrier had argued that pre-payment of fees is not permitted, only reimbursements, citing the Florida Workers