ROBERT LOWERY, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Certistaff v. Owen, 181 So. 3d 1218 (Fla. 1st DCA 2015)
  …CC of the need for treatment was the pre-existing condition, the JCC explained that it is not the use of certain “magic words” that is determinative of the issue; rather, it is the substance of the evidence, relying on Trejo-Perez v. Arry’s Roofing, 141 So. 3d 220 (Fla. 1st DCA 2014). Here, the JCC concluded, the evidence established that Claimant may have remained asymptomatic and may not have required the shoulder replacement surgery in the absence of the compensable injury. Further, the pre-existing condit…
• City of Fort Pierce/Florida Mun. Ins. Tr. v. Spence, 155 So. 3d 1197 (Fla. 1st DCA 2014)
  …se the JCC gave a reason, see Vadala v. Polk County School Board, 822 So. 2d 582, 584 (Fla. 1st DCA 2002), and the reason he gave, which is supported by the record, “is a reasonable evidentiary basis for doing so,” see Trejo-Perez v. Arry’s Roofing, 141 So. 3d 220, 223 (Fla. 1st DCA 2014) (citing Wald v. Grainger, 64 So. 3d 1201 (Fla.2011)). AFFIRMED in part, REVERSED in part, and REMANDED for entry of an order denying the claim for facet injections. THOMAS, WETHERELL, and ROWE, JJ., concur.…
• Broadspire v. Jones, 164 So. 3d 708 (Fla. 1st DCA 2015)
  …ones is independent in significant activities of daily living and is left unattended at times without concern for his safety, Dr. Billingsley’s use of the term “on-call” in this context is not determinative. See, e.g., Trejo-Perez v. Arry’s Roofing, 141 So. 3d 220, 222 (Fla. 1st DCA 2014) (resolution of factual issues depends on substance of evidence and not use of so-called “magic words” by medical witness). Based on the foregoing, we reverse the award for attendant care, and remand for further proceedings…