JOSE A. FERNANDEZ, APPELLANT,
v.
FLORIDA PAROLE COMM'N., APPELLEE

Fla. 1st DCA | 1991-10-24
No. 91-34
JOANOS, C.J., and SMITH and ZEHMER, JJ., concur.
588 So. 2d 276 Florida District Court of Appeal, First District (1991) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See Hofmann v. Wainwright, 332 So. 2d 18 (Fla.), cert. denied 429 U.S. 981, 97 S.Ct. 494, 50 L.Ed.2d 590 (1976).

JOANOS, C.J., and SMITH and ZEHMER, JJ., concur.


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  • Ackley v. Gen. Parcel Serv. & Am. States Ins., 646 So. 2d 242 (Fla. 1st DCA 1994)
    …” result of the industrial accident. For a mental injury to be compensable, the mental injury must (1) be predicated on an actual physical injury and (2) not be remote or incidentally related to the industrial accident. Wal-Mart Stores v. Tomlinson, 588 So. 2d 276 (Fla. 1st DCA 1991); Superior Mill Work v. Gabel, 89 So. 2d 794 (Fla.1956). In other words, the mental injury must be the direct and immediate result of the industrial injury. Id. There is no specific time period for the manifestation of a mental in…
  • Bradley v. Kraft Foods, Inc., 609 So. 2d 748 (Fla. 1st DCA 1992)
    …and there are no “magic words” required to meet the applicable legal standard where the undisputed medical testimony and, indeed all the evidence, reveals that the treatment sought is both reasonable and necessary. Cf. Wal-Mart Stores v. Tomlinson, 588 So. 2d 276 (Fla. 1st DCA 1991); Rodriguez v. Howard Industries, 588 So. 2d 646 (Fla. 1st DCA 1991). In the instant case, since the procedure was unanimously recommended by three medical experts possessing the highest qualifications, and no opposing testimony…
  • Leon Cnty. Sch. Bd. & Gallagher Bassett Servs. v. Green, 711 So. 2d 86 (Fla. 1st DCA 1998)
    …rds, the mental injury must not be remote or incidentally related to the industrial accident but instead must be shown to be “the direct and immediate result of the industrial injury.” Ackley, 646 So. 2d at 245, (citing Wal-Mart Stores v. Tomlinson, 588 So. 2d 276 (Fla. 1st DCA 1991); Superior Mill Work v. Gabel, 89 So. 2d 794 (Fla.1956)). Upon a careful reading of Dr. Miller’s testimony, submitted to the JCC by way of deposition, we cannot agree that a sufficient causal connection was established between th…

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