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.
Jackson v. Dade County School Bd.
454 So.2d 765, (Fla.App. 1 Dist., Aug 24, 1984)
The deputy commissioner is entitled to reject claimant's testimony as unworthy of belief. A deputy commissioner can reject expert testimony even uncontradicted expert testimony where the expert's opinion is based on assumptions not supported by the evidence. A deputy commissioner can reject expert testimony and base a decision on lay testimony and other evidence where the question concerns matters which are within the knowledge and sensory experience of lay persons. For example the existence and location of pain sequence of events and actual ability or inability to perform work. Some issues however involve essentially medical questions which are most persuasively answered by medical experts. For example whether a claimant has reached MMI. Where the question is essentially a medical one a deputy commissioner should offer a sufficient reason for rejecting expert medical testimony especially if such testimony is unrefuted. In this case the reason for rejecting the unrefuted medical testimony was insufficient. The claimant had lied to the doctor about her physical capabilities but this lie did not prevent the doctor from testifying as to the causal connection between the claimant's medical problems and the accident. Court cited the case of { Allman v. Meredith Corp. 9 FLW 1286 Case_1392}.
