FLORIDA MINING & MATERIALS, APPELLANT,
v.
MICHAEL MOBLEY, APPELLEE
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PER CURIAM.
The employer appeals a workers’ compensation order, asking this court to undertake an independent review of medical evidence presented by deposition. The appellate court is not disadvantaged in assessing the probative value of depositions, as opposed to live testimony. Sabre Marine v. Feliciano, 461 So. 2d 985 (Fla. 1st DCA 1984); Kelly v. Florida Atlantic Univ., 413 So. 2d 833 (Fla. 1st DCA 1982). But the case may not be retried on appeal, and a ruling which is supported by competent substantial evidence will be upheld even though there may be some persuasive evidence to the contrary. Swanigan v. Dobbs House, 442 So. 2d 1026 (Fla. 1st DCA 1983); Gomez v. Jack Steinberg Neckwear, 424 So. 2d 106 (Fla. 1st DCA 1982); see also GTE v. Miller, 642 So. 2d 1188 (Fla. 1st DCA 1994). The resolution of such conflicts is within the fact-finding authority of the judge of compensation claims. Jefferson Stores v. Rosenfeld, 386 So. 2d 865 (Fla. 1st DCA 1980). Because the challenged ruling in the present ease is supported by competent substantial evidence, the order is affirmed.
BARFIELD, ALLEN and KAHN, JJ., concur.
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Westphal v. City OF ST. Petersburg/City OF ST. Petersburg Risk Mgmt., 122 So. 3d 440 (Fla. 1st DCA 2013)…trary ruling”) (em-(emin original). It is not the function of the appellate court to reweigh the evi-evibefore the JCC, even if we think the JCC should have accepted the testimony of one witness over the other. See Fla. Min-Min& Materials v. Mobley, 649 So. 2d 934, 934 (Fla. 1st DCA 1995) (rejecting argu-arguthat this court should undertake an independent review of the medical evi-evibecause “the case may not be re-reon appeal, and a ruling which is supported by competent substantial evi-eviwill be upheld eve…
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Johnson v. Martin Paving & Liberty Mut. Ins. Co., 659 So. 2d 347 (Fla. 1st DCA 1995)…e employment. Although this court is not disadvantaged in reviewing the medical depositions, the resolution of any conflicts therein remains within the fact-finding authority of the judge of compensation claims. Florida Mining & Materials v. Mobley, 649 So. 2d 934 (Fla. 1st DCA 1995). This court will thus defer to the judge’s ruling insofar as it is supported by competent substantial evidence. Florida Mining. Such deference encompasses permissible interpretations of the evidence, and inferences properly deriv…
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Frederick v. United Airlines & Alexsis, Inc., 688 So. 2d 412 (Fla. 1st DCA 1997)…sized that its proper appellate function does not include the factfinding function of the lower tribunal. More recently, this court has repeatedly reaffirmed its proper appellate role in such circumstances. In Florida Mining and Materials v. Mobley, 649 So. 2d 934 (Fla. 1st DCA 1995), the court rejected the suggestion that it undertake an independent review of the medical evidence presented by deposition in a workers’ compensation case: ... [T]he case may not be retried on appeal, and a ruling which is suppo…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Swanigan v. Dobbs House & Am. Motorists Ins. Co., 442 So. 2d 1026 (Fla. 1st DCA 1983)
- Jefferson Stores, Inc. v. Rosenfeld, 386 So. 2d 865 (Fla. 1st DCA 1980)
- Cili v. State, 424 So. 2d 106 (Fla. 3d DCA 1982)
- Gomez v. Neckwear, 424 So. 2d 106 (Fla. 1st DCA 1982)
- Kelly v. Fla. Atl. Univ. & Div. of Risk Mgmt., 413 So. 2d 833 (Fla. 1st DCA 1982)
- GTE & Kemper Nat'l Ins. v. Ivory Miller, 642 So. 2d 1188 (Fla. 1st DCA 1994)
- Sabre Marine & Iowa Nat'l Mut. Ins. Co. v. Feliciano, 461 So. 2d 985 (Fla. 1st DCA 1984)