MEDICAL CENTER HOSPITAL AND UNDERWRITERS ADJUSTING CO., APPELLANTS,
v.
LYNDA WACIKOWSKI, APPELLEE
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Florida appellate court affirmed workers' compensation award for herniated disc injury, holding that a surgeon's unqualified opinion that the disc was work-related, supported by continuous pain records and instant relief from surgery, constituted substantial competent evidence despite conflicting medical opinions.
A surgeon's reasoned opinion that a herniated disc was caused by a work-related accident, supported by documented continuous radiating pain and immediate pain relief following surgery, constitutes substantial competent evidence to support a workers' compensation award even when other physicians offered different diagnoses.
[1] A surgeon's reasoned opinion that a herniated disc was caused by a work-related accident, corroborated by documented continuous pain and immediate relief from surgery, co…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The proof of his diagnosis was that the pain claimant suffered for months before disappeared instantly by disc surgery.”
Court explaining how the surgeon's diagnosis was proven through the objective result of the surgical intervention.
Claimant suffered a work-related accident in October 1979 and underwent successful herniated disc surgery in December 1980. She experienced continuous…
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ROBERT P. SMITH, Jr., Chief Judge.
The appellant hospital, self-insured under chapter 440, appeals a compensation award contending, principally, that there is no competent evidence on which the deputy might have found that claimant’s herniated disc, operated successfully in December 1980, was caused by her work-related accident in October 1979. The deputy could not have so found, the argument goes, because claimant’s pain complaints were confused and five doctors thought claimant had some other organic difficulty, or none at all. Yet claimant’s evidence showed a continuous pattern of radiating pain, recorded by the examining and treating physicians, and a competent surgeon’s unqualified opinion that the herniated disc was the cause of claimant’s pain and disability.
The proof of his diagnosis was that the pain claimant suffered for months before disappeared instantly by disc surgery.
The employer’s claim, that the deputy’s finding is without substantial competent evidence, is itself insubstantial if not frivolous. Gold Coast Paving Co. v. Fonseca, 411 So. 2d 259 (Fla. 1st DCA 1981), is plainly distinguished on the facts. A physician’s reasoned opinion is no less capable of supporting the deputy’s order because his testimony was by deposition, as is the case in so many contested workers’ compensation matters. We will not retry the case and speculate upon the weight of evidence, and the credibility of witnesses, simply because some of the testimony, or all of it, was by deposition.
AFFIRMED.
McCORD and MILLS, JJ., concur.
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Burnup & Sims, Inc. v. Skinner, 450 So. 2d 1167 (Fla. 1st DCA 1984)…, and awarded wage loss benefits. On December 6, 1982, this court dismissed the appeal which had been pending when the deputy awarded the wage loss on the ground that the appealed order was nonfinal and nonappealable. Burnup & Sims, Inc. v. Skinner, 422 So. 2d 1076 (Fla. 1st DCA 1982). On June 29, 1983, the deputy entered an order reinstating the order which had resulted in the dismissal, amending the average weekly wage to reflect the amount of $430.74: The claimant argued that the stipulated minimum figure…
Authorities Cited
- Kendell v. State, 411 So. 2d 259 (Fla. 4th DCA 1982)
- Gold Coast Paving Co., Inc. v. Baltazar Fonseca, 411 So. 2d 259 (Fla. 1st DCA 1982)