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.
Carson v. Gaineswood Condominiums
532 So.2d 28, 13 FLW 2144, (Fla.App. 1 Dist., Sep 13, 1988)
The appellate court is bound by the deputy's view of the facts unless the factual findings are clearly erroneous. The appellate court only reviews to determine whether the record contains competent substantial evidence to support the deputy's order. If the record demonstrates an absence of competent substantial evidence to support the deputy's determination the order will be reversed and remanded for further proceedings. It is the deputy's perogative to determine the credibility of witnesses and the deputy is not required to accept the testimony of a witness merely because that witness is competent to testify on a given subject. Where the issue before the deputy involves essentially a medical opinion the deputy must offer sufficient reason for rejecting expert medical testimony especially if such testimony is unrefuted.All doctors testified that claimant was permanently and totally disabled. Surveillance films however showed to the contrary. Court determined that surveillance films were not of sufficient nature to overcome the unrefuted medical evidence in the record demonstrating that the claimant was permanently and totally disabled.
