ANTHONY CARACCIOLO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1998-05-27
No. 98-1368
POLEN, FARMER and STEVENSON, JJ., concur.
711 So. 2d 628 Florida District Court of Appeal, Fourth District (1998) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed without prejudice to appellant’s pursuing any administrative or mandamus remedies against the Department of Corrections as to restitution.

POLEN, FARMER and STEVENSON, JJ., concur.


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  • White v. Bass PRO Outdoor World, LP, 16 So. 3d 992 (Fla. 1st DCA 2009)
    …was too inconclusive for him to render an opinion on MCC within a reasonable degree of medical certainty. The JCC rejected the opinion of Claimant’s treating physician, as was her prerogative, see City of West Palm Beach Fire Department v. Norman, 711 So. 2d 628, 629 (Fla. 1st DCA 1998), and denied compensability of the knee condition. Claimant contends, however, the reasons provided by the JCC for rejecting the “uncontroverted” medical opinion of the treating physician were unreasonable and, thus, impermis…
  • …n workers’ compensation law, “[i]t is well established that the [JCC] determines credibility, resolves conflicts in the evidence, and may accept the testimony of one physician over that of several others.” City of W. Palm Beach Fire Dep’t v. Norman, 711 So. 2d 628, 629 (Fla. 1st DCA 1998). Although the JCC here did not expressly accept-Dr. Perloff s opinion, he gave a reason why he rejected Dr. Bor-zak’s opinion; even when a doctor’s testimony is unrefuted, the JCC may reject the testimony as unreliable so l…
  • Fields v. S.O.S. Drivers, Inc., 736 So. 2d 773 (Fla. 1st DCA 1999)
    …onsidered, we reverse and remand. On remand, the judge shall reconsider the issue of chiropractic treatment, giving the opinions of Drs. Torres-Ramos and Lox such weight as she thinks they deserve. See generally West Palm Beach Fire Dep’t v. Norman, 711 So. 2d 628 (Fla. 1st DCA 1998) (it is the province of the judge of compensation claims, as the trier of fact, to determine the credibility of witnesses, including experts, and to resolve evidentiary conflicts). AFFIRMED IN PART; REVERSED IN PART; and REMANDE…

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