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.
McCandless v. M.M. Parrish Const.
449 So.2d 830, (Fla.App. 1 Dist., Apr 16, 1984)
Court determined that deputy commissioner erred in not finding causal connection between compensable accident and resulting psychiatric condition. The record evidence demonstrated that the evidence was uncontradicted showing such a causal connection.The deputy commissioner as trier of fact may judge the creditability of witnesses appearing before him and reject their testimony in whole or in part. The deputy commissioner can rely upon lay testimony even if it directly conflicts with medical testimony. It is an abuse of discretion for the deputy to reject uncontroverted medical testimony without a reasonable explanation. Where the testimony and evidence are uncontradicted a finding contrary to the manifest weight of such evidence and testimony is not supported by competent and substantial evidence.DC entered order denying claimant's right to go to the Sister Kenny Institute in Minneapolis but rather ordered him to go to the Cathedral Institute in Jacksonville. That order became final. Thereafter the claimant went to Cathedral but was unable to obtain any lasting relief. Because of the failure of the treatment of the Cathedral Institute the claimant developed psychiatric problems. Court ruled that such facts constituted sufficient evidence to warrant modification of first order which denied treatment at the Sister Kenny Institute.
