ALAN R. DAVIS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Fitzgerald v. Osceola Cnty. Sch. Bd. & Fla. Sch. Bd. Ins. Tr., 974 So. 2d 1161 (Fla. 1st DCA 2008)
  …ajor contributing cause of her current respiratory condition. We reject this argument. Claimant bore the burden over the course of the proceedings below to prove her entitlement to workers’ compensation benefits. See McDevitt Street Bovis v. Rogers, 770 So. 2d 180, 181 (Fla. 1st DCA 2000). As stated many times by this court, perhaps too glibly, we review the JCC’s findings of fact to determine whether competent, substantial evidence supports the JCC’s findings. See, e.g., Mylock v. Champion Int’l, 906 So. 2d…
• Mitchell v. XO Commc'ns & Wausau/Liberty Mut. Ins. Co. & XO Commc'ns & Travelers Ins. Co., 966 So. 2d 489 (Fla. 1st DCA 2007)
  …ecision in favor of the party without the burden of proof is not required to be supported by competent, substantial evidence. Claimant has the burden to prove entitlement to permanent total disability benefits. See McDevitt Street Bovis v. Rogers, 770 So. 2d 180, 181 (Fla. 1st DCA 2000). Accordingly, Claimant must present evidence the JCC finds persuasive. It is well-settled that a JCC may reject in whole or in part even uncontroverted testimony the JCC disbelieves. See Bass v. Gen. Motors Corp., 637 So. 2d…
• Westphal v. City OF ST. Petersburg/City OF ST. Petersburg Risk Mgmt., 122 So. 3d 440 (Fla. 1st DCA 2013)
  …nefits have expired, the claimant may obtain an impairment rating and seek permanent total disability benefits based on a future date of maximum medical improvements under the procedure in Oswald.”) (emphasis added); McDevitt Street Bovis v. Rogers, 770 So. 2d 180 (Fla. 1st DCA 2000) ("nobody testified either that the claimant had reached maximum medical (psychiatric) improvement or that she would remain permanently and totally disabled when she did reach maximum medical improvement,” thus, PTD claim should h…

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Authorities Cited

• Turner v. State, 557 So. 2d 939 (Fla. 5th DCA 1990)