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.
Lowry v. Jim Bassitts Auto
566 So.2d 303, 15 Fla. L. Week. D2069, (Fla.App. 1 Dist., Aug 08, 1990)
Judge has the function to determine credibility of witness and resolve conflicts in the evidence. He may accept the testimony of one physician over several others. While a judge generally need not explain the rejection of expert testimony the failure to do so is error where the reason for the finding is not apparent from the record or the judge has apparently overlooked or ignored record evidence. The judge's order accepting the testimony of one doctor over that of another was reversed in this case since there was no apparent reason in the record as to why the one doctor's testimony was rejected.Evidence of record established the fact that the claimant had requested of employer/carrier the provision of medical care. The medical care had not been provided by the employer/carrier and claimant obtained his own doctor. Court determined that chosen physician by claimant authorized in this instance. The employer/carrier is required to provide medical care. If he fails to provide such care the employee may do so at the expense of the employer the reasonableness and necessity to be approved by a judge of compensation claims.
