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.
Desmond v. Medic Ayers Nursing Home
492 So.2d 427, 11 Fla. L. Week. 228 and 1612, (Fla.App. 1 Dist., Jul 23, 1986)
(on rehearing) Court determined that claimant's skin disease resulting from a staph infection acquired while working at a nursing home was compensable.DC determined that claimant's skin disease was not related to her employment. Court reversed determining that there was sufficient evidence to establish claimant suffered staph infection acquired during her work at the nursing home. The evidentiary standard applicable to medical testimony in workers' compensation cases is the "substantial evidence" rule i.e. the DC's findings of fact should be upheld unless there is no competent substantial evidence which accords with logic and reason to sustain them. Conversely where the testimony and evidence are uncontradicted a finding contrary to the manifest weight of such testimony and evidence is not supported by competent substantial evidence. Court ruled that manifest weight of evidence in this case supported causal connection between the claimant's skin disease and her working conditions.The evidentiary standard applicable to medical testimony in workers' compensation cases is the "substantial evidence" rule. i.e. the deputy commissioner's findings of fact should be upheld unless there is no competent substantial evidence which accords with logic and reason. Where the testimony and evidence are uncontradicted a finding contrary to the manifest weight of such testimony and evidence is not supported by competent substantial evidence. By the same token any conclusions or opinions of an expert witness based on facts or inferences not supported by the evidence in a cause have no evidential value.Deputy commissioner's finding that claimant's skin disease was not work related not supported by competent substantial evidence.Report prepared by acting state epidemiologist regarding outbreak fo staph infections at nursing home was admissible under the public records exception to the hearsay rule where such report was prepared pursuant to duty imposed by law to inspect nursing home and prepare report of inspection results. See Section 90.803(8) F.S. which says:90.803(8) PUBLIC RECORDS AND REPORTS.-Records, reports, statements reduced towriting, or data compilations, in any form, of public offices or agencies,setting forth the activities of the office or agency, or matters observedpursuant to duty imposed by law as to matters which there was a duty toreport, excluding in criminal cases matters observed by a police officer orother law enforcement personnel, unless the sources of information or othercircumstances show their lack of trustworthiness. The criminal caseexclusion shall not apply to an affidavit otherwise admissible under s.316.1934(5).
