Mitchell v. XO Communications et al
32 FLW D2462
Claimant appealed JCC’s decision denying his entitlement to permanent total and permanent total supplemental benefits. Court determined that the claimant had the burden to prove entitlement to PT benefits and must present evidence the JCC finds persuasive. A JCC may reject in whole or in part even uncontroverted testimony the JCC disbelieves. A JCC may not accept only a portion of a physician’s permanent impairment rating or make medical findings which contradict undisputed medical testimony. On appeal, a decision in favor of the party without the burden of proof is not required to be supported by competent and substantial evidence.
JCC’s final order in this case reversed and remanded for additional proceedings. The court determined that the record was not clear whether the JCC was rejecting testimony or misstating testimony in reaching her conclusions of law. A determination was made that the JCC’s final order was inconsistent in its findings of fact and conclusions of law.