JAMES MITCHELL, APPELLANT,
v.
XO COMMUNICATIONS AND WAUSAU/LIBERTY MUTUAL INSURANCE COMPANY AND XO COMMUNICATIONS AND TRAVELERS INSURANCE COMPANY, APPELLEES
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James Mitchell appealed a workers' compensation judge's denial of his permanent total disability benefits claims. The appellate court reversed and remanded because the judge's conclusions of law were inconsistent with her own findings of fact regarding medical evidence.
The court reversed the judge's order and remanded because the judge's conclusions of law were internally inconsistent with her own findings of fact. The judge found Dr. Gonzalez testified that all 14% of the psychological PIR was attributable to the workplace accident and accepted that testimony, but then in her conclusions stated 'at least a portion' was attributable to other causes—a contradiction that violated established law prohibiting partial rejection of a physician's PIR rating.
[1] A party with the burden of proof must present persuasive evidence to the Judge of Compensation Claims.
[2] A Judge of Compensation Claims may reject in whole or in part even uncontroverted testimony the Judge disbelieves.
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Join FLexlaw to unlock all legal intelligence“Claimant has the burden to prove entitlement to permanent total disability benefits.”
Establishes the burden of proof standard that Mitchell must meet
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Join FLexlaw to unlock all legal intelligenceMitchell sought permanent total disability and permanent total supplemental disability benefits following a workplace accident. A workers' compensatio…
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HAWKES, J.
Claimant, James Mitchell, appeals the Judge of Compensation Claims’ (JCC) order denying his claims for permanent total disability and permanent total supplemental disability benefits. Claimant argues that many of the JCC’s findings regarding his ability to work, and the permanent impairment ratings (PIR) attributable to his compensable injury, are not supported by competent, substantial evidence. Claimant’s argument is flawed. A decision 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 304, 306 (Fla. 1st DCA 1994).
However, a JCC may not accept only a portion of a physician’s PIR rating, see Allen v. Protel, Inc., 852 So. 2d 916, 920 (Fla. 1st DCA 2003), nor make medical findings which contradict undisputed medical testimony. See Urban v. Morris Drywall Spray Textures, 634 So. 2d 718 (Fla. 1st DCA 1994).
Here, the JCC made numerous findings of fact from the physicians’ testimony. For instance, the JCC found Dr. Gonzalez testified Claimant had a 14% psychological PIR, all of which was attributable to the workplace accident. The JCC accepted Dr. Gonzalez’ testimony and PIR. However, in her conclusions of law, she stated that “at least a portion” of Dr. Gonzalez’ rating was attributable to complaints other than Claimant’s workplace accident. Additionally, the JCC found Dr. Fiore opined Claimant had an 8% PIR for his right knee injury attributable to the workplace accident, and Claimant was not capable of doing even sedentary work. The JCC then stated she believed Dr. Fiore’s conclusion was based on the erroneous assumption that Claimant’s unrelated neurological injuries were related to his workplace accident.
From the record, it is not clear whether the JCC was rejecting testimony or misstating testimony in reaching her conclusions of law. Because the JCC’s final order is inconsistent in its findings of fact and conclusions of law, we REVERSE the final order and REMAND for additional proceedings.
KAHN and PADOVANO, JJ., concur.
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Fitzgerald v. Osceola Cnty. Sch. Bd. & Fla. Sch. Bd. Ins. Tr., 974 So. 2d 1161 (Fla. 1st DCA 2008)…st DCA 2005). We have recently articulated, however, a rational corollary to that standard of review. A decision in favor of the party without the burden of proof need not be supported by competent, substantial evidence. See Mitchell v. XO Commc’ns, 966 So. 2d 489, 490 (Fla. 1st DCA 2007). As we noted in Mitchell, “It is well-settled that a JCC may reject in whole or in part even uncontroverted testimony the JCC disbelieves.” Id. (citing Bass v. Gen. Motors Corp., 637 So. 2d 304, 306 (Fla. 1st DCA 1994)). Acc…
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Westphal v. City OF ST. Petersburg/City OF ST. Petersburg Risk Mgmt., 122 So. 3d 440 (Fla. 1st DCA 2013)…the claim for PTD benefits was not proven. This is so because if evidence of Westphal’s future recovery was speculative or uncertain, it cannot be said that he sustained his burden of proof under Oswald and Hadley. See Mitchell v. XO Communications, 966 So. 2d 489, 490 (Fla. 1st DCA 2007) (explaining that the claimant has the burden to prove entitlement to PTD benefits and, to do so, the claimant must present evidence the JCC finds persuasive). [*474] For the foregoing reasons, I would affirm the order denyin…
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Beckett v. Dep't OF Fin. Servs., 982 So. 2d 94 (Fla. 1st DCA 2008)…fact under review is that a party did not carry his or her burden of proof, the finding cannot be reviewed for competent, substantial evidence. Fitzgerald v. Osceola County Sch. Bd., 974 So. 2d 1161, 1164 (Fla. 1st DCA 2008); Mitchell v. XO Comm’ns, 966 So. 2d 489, 490 (Fla. 1st DCA 2007). In any event, in this case, the Department did not rule that the ALJ’s findings were not supported by competent, substantial evidence. Instead, it ruled that the ALJ had failed to comply with the essential requirements of t…
Previewing 3 of 19 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Allen v. Protel, Inc., 852 So. 2d 916 (Fla. 1st DCA 2003)
- Davis v. State, 770 So. 2d 180 (Fla. 1st DCA 2000)
- Urban v. Textures, 634 So. 2d 718 (Fla. 1st DCA 1994)
- Bass v. Gen. Motors Corp., 637 So. 2d 304 (Fla. 1st DCA 1994)