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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Florida Employer's Insurance Service Corporation v. Special Disability Trust Fund

18 FLW D832, March 22, 1993

Carrier settled with injured worker and thereafter sought recovery from the Special Disability Trust Fund for the amounts paid. Part of the sum that was paid to the claimant was for attorney's fees. According to the settlement stipulation, the claimant was paying for the attorney's fees and there was no obligation on the part of the carrier to pay for the services of the claimant's attorney. Even though separate checks were issued by the carrier to the claimant and his attorney, court determined that the amount paid for attorney's fees is still recoverable from the Special Disability Trust Fund upon a showing of a proper basis for Fund recovery. In this case, there was no hint of collusion between the carrier and the claimant and it was stipulated that the carrier has no responsibility for the payment of attorney's fees.