Cases

Employer/carrier and claimant's attorney agreed on settlement of claimant's claim for benefits. Six days prior to the approval of the JP by the JCC, the claimant was admitted to the hospital for an attempted suicide. This fact was brought to the attention of the adjuster for the employer/carrier and the claimant's attorney. However, neither the JCC nor the attorney for the employer/carrier was advised of this hospitalization. JCC's setting aside of settlement affirmed on appeal. Court determined that claimant's psychiatric condition was a material factor to be considered in evaluating the settlement proposal and the judge's ignorance of this information prevented him from discharging his duties under the statute. Accordingly, the settlement was overturned. Court affirmed JCC's opinion as to the causal connection between the claimant's psychiatric condition and accident. The medical evidence upon which the judge relied was by deposition. Even though the appellate court under these circumstances can make an independent evaluation of the evidence, the case will not be retried on appeal and the resolution of conflicts in the evidence is within the fact finding authority of the JCC. While differing conclusions might arguably be reached by selectively emphasizing and giving greater weight to portions of the testimony of the depositions of the physicians, such a process is part and parcel to the fact finding function of the JCC and the appellate court will not disturb such findings by the JCC. The claimant had severe preexisting psychiatric disorders. Relying on the opinion of Ackley v. General Parcel Service, 646 So.2d 242, the court determined that the compensable accident was a stressor in the resulting psychiatric problems suffered by the claimant and accordingly, there was a causal connection between the injury and the resulting psychiatric condition.