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.
Dalton v. Orange County Sheriff
503 So.2d 406, 12 Fla. L. Week. 602, (Fla.App. 1 Dist., Feb 24, 1987)
Attorney's fee awarded under the "medical only" provisions of Section 440.34(3)(a) F.S. where attendant care services were paid by the employer/carrier after a claim was filed for such services but before the actual hearing. When a claimant prevails on a claim for medical benefits only the employer and carrier become liable for an attorney's fee without reference to the extent of fault or other reason given for denying payment of the claimed benefits.A written stipulation purporting to be evidence of the settlement of certain issues in this case failed to comply with Rule 4.130 Florida Workers' Compensation Rules of Procedure in that it was not signed by claimant or his attorney. Accordingly it was error for DC to accept stipulation as settlement of the issues.DC affirmed by court in awarding attendant care services for 16 hours per day rather than 24 hours per day. Claimant needed supervision 24 hours per day; however DC ruled that paying the claimant on a 16-hour per day basis was the equivalent of reimbursing the claimant for attendant care services at an amount equivalent to or more than the amount a 24-hour per day live in attendant would receive.