ORANGE CITY WATER COMPANY AND SENTRY INSURANCE COMPANY, APPELLANTS,
v.
RUFUS F. BARKLEY, APPELLEE
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NIMMONS, Judge.
The employer/carrier (E/C) appeals from an order finding E/C liable for additional temporary total disability benefits by reason of the onset of additional severe symptoms related to a back injury sustained on September 17, 1980, by claimant Barkley while employed by Orange City Water Company. There was competent substantial evidence, both medical and lay, supporting the deputy’s finding that Barkley’s back condition continued to be symptomatic after reaching MMI from the original accident and that the additional severe symptoms which he experienced commencing on April 10, 1982, while working at a fish market for another employer were not the result of a new accident but rather, as stated by the deputy, “the result of a continuation of the same injury process begun on September 17, 1980.” Where a deputy commissioner makes findings and conclusions based upon competent substantial evidence, such findings will be sustained if permitted by any view of the evidence and its permissible inferences. Gomez v. Steinberg Neckwear, 424 So. 2d 106 (Fla. 1st DCA 1983).
AFFIRMED.
LARRY G. SMITH and JOANOS, JJ., concur.
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Ullman v. City OF Tampa Parks Dep't & Alexsis, 625 So. 2d 868 (Fla. 1st DCA 1993)…s v. Josephs of Greater Miami, Inc., 122 So. 2d 561, 562 (Fla. I960).4 In workers’ compensation cases, the judge’s findings must be sustained if permitted by any view of the evidence and its permissible inferences. Orange City Water Co. v. Barkley, 432 So. 2d 698 (Fla. 1st DCA 1983). The JCC as finder of fact is not required to accept an opinion which is not supported by the facts of record. Mallon v. Florida Rock Industries, Inc., 568 So. 2d 503, 504 (Fla. 1st DCA 1990). “The (JCC) may reject, in whole or i…
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Delgado v. Blanco & Sons Catering & Fireman's Fund Ins., 606 So. 2d 658 (Fla. 1st DCA 1992)…ado’s history, and that the JCC properly chose to accept that evidence. In workers’ compensation cases, the judge’s findings must be sustained if permitted by any view of the evidence and its permissible inferences. Orange City Water Co. v. Barkley, 432 So. 2d 698 (Fla. 1st DCA 1983). In this case the judge’s decision to afford more weight to the evidence and inferences indicating that Mr. Delgado’s condition (and the need for surgery) did not result from on-the-job injury was properly based upon the document…
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Prather v. Process Sys., 867 So. 2d 479 (Fla. 1st DCA 2004)…compensation cases, the JCC’s findings must be sustained if supported by any view of the evidence and its permissible inferences. Ullman v. City of Tampa Parks Dep’t, 625 So. 2d 868, 873 (Fla. 1st DCA 1993) (citing Orange City Water Co. v. Barkley, 432 So. 2d 698 (Fla. 1st DCA 1983)). “The [JCC], as the trier of fact, has the right to determine the credibility of witnesses, .including the claimant.” Id. at 874 (citing Irving v. City of Daytona Beach, 472 So. 2d 810 (Fla. 1st DCA 1985)). It is also within the…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cili v. State, 424 So. 2d 106 (Fla. 3d DCA 1982)
- Gomez v. Neckwear, 424 So. 2d 106 (Fla. 1st DCA 1982)