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.
Wood and Wood v. Dort
18 FLW D2090, September 17, 1993
Claimant sustained two accidents while employed by two different carriers, the combination of the two causing the claimant to be PT. Second accident settled for $125,000 and claimant sought recovery for PT benefits against employer/carrier for first accident. In determining whether a washout of second accident precluded recovery for additional benefits from first accident, the question involves the construction of the washout settlement agreement and is a question of law. If the terms of the agreement are susceptibleto more than one construction, however, an issue of fact is presented. In cases when such a fact issue is presented, the JCC must make the initial determination as to the intended effect of the settlement. Case remanded to JCC with instructions to determine the intended effect of the settlement of the second accident.It was error to require the employer/carrier to pay PT supplemental benefits for accidents before July 1, 1984. These benefits should be paid by the Workers' Compensation Administrative Trust Fund.