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.
To view the case summaries, select one of the general topics listed below.
Structural Systems, Inc. v. Worthen
463 So.2d 502, 10 Fla. L. Week. 374, (Fla.App. 1 Dist., Feb 11, 1985)
Claimant suffered two distinct accidents while employed by same employer but insured by two different insurers. Following first accident claimant returned to work after medical bills were paid by first carrier. After second accident second carrier settled case with claimant. Claimant then filed claim against first carrier for benefits following second accident. Court reversed deputy's award of benefits holding that there can be no apportionment for medicals and temporary total disability following second accident pursuant to Section 440.15(5) F.S. Indicta court ruled that deputy commissioner is prohibited from apportioning medical and temporary total benefits even in 440.42 proceedings involving disputes between two carriers. Dissenting opinion by Judge Ervin who held that in multiple injury situations involving different employers or different carriers the primary issue is the causation as to which injury is causing the disability and whether the new injury is characterized as a recurrence or aggravation of the preexisting condition.