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.


Brevard County Board of County Commissioners v. Williams

23 FLW D1892

Claimant and employer/carrier settled workers' compensation claim for indemnity but left open future medical relating to claimant's back injury. A provision in the settlement agreement, however, specifically stated that the claimant waived any right to claim psychiatric care for his on the job accident. At the time of this settlement, the settlement of future medical was not permitted. Court determined that provision waiving the claimant's right to psychiatric care was invalid. However, because of the severability clause in the settlement agreement, the declaring of the waiver of psychiatric care as being invalid did not have the effect of setting aside the entire settlement agreement. In setting aside the entire agreement, the JCC also determined that the claimant, at the time of the settlement, had not reached MMI. Court determined, however, that such a finding could not stand because in making this finding, the JCC relied on the testimony of the claimant, his wife, and claimant's former attorney. None of these individuals were experts qualified to give an opinion on a soft tissue injury. Accordingly, the finding that the claimant had not reached MMI was reversed.