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.