NANCY JO VALLETTO, F/K/A NANCY JO DUPREE, APPELLANT,

v.

RAY ALLEN DUPREE, APPELLEE

Citator

Cited By (14 total)

• Haas v. Seekell, 538 So. 2d 1333 (Fla. 1st DCA 1989)
  …y of the witnesses and to resolve conflicts in the evidence, as well as to accept the testimony of one physician over that of another. See Orlando Precast Prods, v. Ciofalo, 501 So. 2d 1326, 1328 (Fla. 1st DCA 1986); Reynolds v. Neisner Bros., Inc., 436 So. 2d 1070, 1072-73 (Fla. 1st DCA 1983); Jefferson Stores, Inc. v. Rosenfeld, 386 So. 2d 865 (Fla. 1st DCA 1980). Notwithstanding the opinion of Dr. Matthews which indicated a degenerative arthritic problem of the right hip preexisted the accident, and his co…
• S & S Stove Repair, Inc. v. Dumas, 465 So. 2d 644 (Fla. 1st DCA 1985)
  …mine credibility and resolve conflicts in the evidence and that he may accept the testimony of one physician over that of several others. Jefferson Stores, Inc. v. Rosenfeld, 386 So. 2d 865 (Fla. 1st DCA 1980). Accord Reynolds v. Neisner Bros., Inc. 436 So. 2d 1070, (Fla. 1st DCA 1983). The acceptance and rejection of medical testimony rests with the deputy and his discretion should not be disturbed unless the medical testimony itself fails to meet the rest of the substantial evidence rule. Mobley v. Jack & So…
• Romero v. Waterproofing Sys. OF Miami & Kemper Ins. Grp., 491 So. 2d 600 (Fla. 1st DCA 1986)
  …had no probative value in determining Romero’s psychological condition subsequent to January 30. Hence, Dr. Leon’s testimony, standing alone, could not provide a foundation for the deputy commissioner’s finding. See Reynolds v. Neisner Bros., Inc., 436 So. 2d 1070 (Fla. 1st DCA 1983) (physician’s opinion as to claimant’s 1981 impairment based upon a 1979 examination was insufficient). Dr. Garcia-Lavin’s testimony on the other hand, indicating Romero’s need for psychiatric care, bolstered by Dr. Gilbert’s tes…

Authorities Cited

• Flynn v. Flynn, 433 So. 2d 1037 (Fla. 4th DCA 1983)