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.
McKesson Drug Company v. Williams
23 FLW D351
The question in this case is the compensability of
mental or nervous conditions occurring subsequent to a
compensable accident. Pursuant to the January 1, 1994
amendments to the workers' compensation law, claimants
are now required to demonstrate the compensability of a
mental or nervous injury by clear and convincing
evidence. Such evidence must be of a quality and
character so as to produce in the mind of the JCC a
firm belief or conviction, without hesitancy, as to the
truth of the allegations sought to be established.
Claimant's burden of proof in this type of case will be
stricter than the often described standard of
competent substantial evidence. This heightened
standard of proof before the JCC does not, however,
change the standard of review by the appellate court.
An appellate court may not overturn a trial court's
finding regarding the sufficiency of evidence unless
the finding is unsupported by record evidence, or as a
matter of law, no one could reasonably find such
evidence to be clear and convincing. Court determined
that there was competent and substantial evidence
supporting the JCC's finding of a causal connection
between the accident and the mental and nervous
conditions claimed in this instance.
