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.
Fitzgerald v. Osceola County School Board
33 FLW D529
An expert medical adviser’s opinion is presumptively correct unless the JCC finds and articulates clear and convincing evidence to the contrary. The EMA should assist the JCC in making factual findings based on conflicting medical evidence. If the JCC misinterprets an EMA’s testimony to stand for a position that the EMA did not actually adopt, reversal and remand is appropriate. Court in this case determined that JCC misinterpreted the EMA’s opinion. The EMA was inconclusive as to whether the claimant suffered from asthma or another compensable respiratory condition and if so whether the industrial exposure caused that condition for purposes of the workers’ compensation law.Case remanded for further proceedings. Claimant has the burden of proof to show entitlement to workers’ compensation benefits. On review of a JCC’s findings, the question is whether there is competent and substantial evidence to support the JCC’s finding concerning entitlement to benefits. A decision in favor of the party without the burden of proof need not be supported by competent and substantial evidence. A JCC may reject in whole or in part even uncontroverted testimony the JCC disbelieves.
