KAREN TOBIN, APPELLANT,
v.
HENDRY COUNTY SHERIFF'S DEPARTMENT AND GALLAGHER BASSETT, INC., APPELLEES
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In this workers' compensation case, the court reversed the denial of benefits for a low-back injury claimed to result from a compensable accident, finding that the judge of compensation claims failed to address substantial medical evidence supporting causation, even though the judge properly rejected the claimant's credibility.
The court held that while the judge could properly reject the claimant's testimony based on credibility, the order denying benefits was improper because it failed to address or explain the rejection of substantial, competent evidence independent of the claimant's credibility that would support a finding of compensability. The case was remanded with directions for the judge to address such evidence and, if denying the claim again, to explain reasons for rejecting it.
[1] A workers' compensation judge must address all competent, substantial evidence presented, even if not dependent on claimant credibility, when determining compensability.
[2] A workers' compensation order denying benefits must explain the reasons for rejecting evidence that supports a finding of compensability.
Previewing 2 of 4 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“claimant's low-back complaints were not "causally related to her undisputed and compensable accident of September 21, 1990," based upon a finding that "claimant's testimony ... as to her back having been injured in the subject accident" was not credible.”
Statement of the lower court's grounds for denying the claim based solely on credibility of claimant's testimony.
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Join FLexlaw to unlock all legal intelligenceClaimant Karen Tobin suffered an undisputed and compensable accident on September 21, 1990. She claimed low-back injuries resulting from this accident…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
In this workers’ compensation case, claimant seeks review of an order denying her claim for benefits. The judge of compensation claims concluded that claimant’s low-back complaints were not “causally related to her undisputed and compensable accident of September 21, 1990,” based upon a finding that “claimant’s testimony ... as to her back having been injured in the subject accident” was not credible. While we do not disagree that the judge could reject claimant’s testimony for lack of credibility, we note that the record also contains competent, substantial evidence, not dependent upon claimant’s credibility, which would, if accepted by the judge, support a finding of compensability of the claimant’s low back condition. As the order includes no discussion of the latter evidence,1 suggesting that such evidence was either overlooked or ignored, we reverse and remand with directions that the judge of compensation claims make additional findings of fact addressing such evidence and, if he again decides to deny the claim, explaining his reasons for rejecting such evidence. See, e.g., King v. Winn Dixie Stores Inc., 637 So. 2d 66 (Fla. 1st DCA 1994); Blair v. Oakwood Park Su Casa, 606 So. 2d 740 (Fla. 1st DCA 1992); Tripp v. Sheffield Steel Products, 490 So. 2d 1037 (Fla. 1st DCA 1986).
REVERSED and REMANDED, with directions.
ZEHMER, C.J., and ERVIN, J., concur. BARFIELD, J., dissents with opinion.
. For example, the order contains no findings regarding Dr. Lowell's medical records and testimony, received in evidence without objection, that the office notes of claimant’s visits indicate that claimant was complaining of increasing low back pain, and no findings regarding the tom annulus and floating fragment of vertebra at L3-4 or L4-5 levels which Dr. Lowell characterized as being indicative of recent trauma rather than degenerative disease process. Nor does the order contain any findings as to the significance of the bone scan and MRI done on claimant just prior to the September 20 accident. In addition, the record contains other evidence, apart from claimant's testimony, concerning claimant's complaints of pain in the low back that has not been addressed in the order and either accepted or rejected.
BARFIELD, Judge,
dissenting.
It is not clear what the majority is asking the judge to reconsider other than Dr. Lo well’s testimony and some diagnostic testing, none of which is specifically causally related to the accident by any medical testimony in the record. While someone might have rendered an opinion on causal relationship, no one did so on this record.
Others who testified about claimant’s complaints of pain never related those complaints to the accident or differentiated them from the same type of complaints from claimant before the accident.
Apparently the majority wants the judge to think about the evidence some more, but it is unclear as to what such further review and explanation will accomplish. In my view, we have a simple failure of proof by the claimant, and the judge’s order should be affirmed.
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- Days v. State, 637 So. 2d 66 (Fla. 1st DCA 1994)
- Tripp v. Sheffield Steel Prods. & F.C.C.I. Fund, 490 So. 2d 1037 (Fla. 1st DCA 1986)
- Blair v. Oakwood Park SU CASA & Associated Indus., 606 So. 2d 740 (Fla. 1st DCA 1992)