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.
Orlando Precast Products v. Ciofalo
537 So.2d 1043, 14 Fla. L. Week. 184, (Fla.App. 1 Dist., Jan 13, 1989)
It is the deputy's duty to determine the creditability of witnesses and to resolve conflicts in the evidence. He may accept the testimony of one physician over that of another.Claimant had preexisting back problems and was hired by employer to drive truck for extended periods of time. While driving truck he was subjected to lifting heavy objects bouncing around in the cab twisting and turning getting into and out of the cab and driving about 400 miles each day. Medical testimony indicated that this activity aggravated preexisting condition. Employment activities found compensable as an aggravation of the claimant's preexisting condition. When an employee has a preexisting condition before his injury can be found compensable the employment conditions must expose him to a greater risk of injury than that to which he is exposed in his non-employment life. The amount of exertion required by claimant's job was found to be greater than that to which he was exposed in his non-working life.
