METROPOLITAN LIFE INSURANCE COMPANY, PETITIONER,
v.
LORETTA I. KIMBRO, RESPONDENT
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The petition for writ of certiorari reflected apparent jurisdiction in this Court. We accordingly issued the writ and have now heard oral argument of the parties, both on the merits and on the question of jurisdiction.
After hearing arguments and upon further consideration of the cause, we have determined that the opinion and judgment of the district court is not in direct conflict with the opinion and judgment of this Court in the case of Metropolitan Life Insurance Company v. Jenkins, 1943, 152 Fla. 486, 12 So.2d 374. The writ must, therefore, be and hereby is discharged.
It Is So Ordered.
THOMAS, C. J., TERRELL, HOB-SON, ROBERTS, DREW and O’CON-NELL, JJ., and SMITH, Circuit Judge, concur.
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J. J. Murphy & SON, Inc. v. Gibbs, 137 So. 2d 553 (Fla. 1962)…average weekly wage. He ordered the petitioner to make such adiustment. Next, after ruling the claimant was liable-for the payment of attorney’s fees, the deputy stated: “By the authority of Magic City Bottling [Bottle] & Supply v. Robinson, Fla., 116 So. 2d 240, the undersigned Deputy Commissioner, after carefully observing the claimant’s use of her hand and arm, and after questioning:, her at length, is convinced that this compensable injury has affected the use of her entire hand and therefore finds that…1 / 2
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Crowell v. Messana Contractors & the Fla. Indus. Comm'n, 180 So. 2d 329 (Fla. 1965)…have difficulty reconciling the rule and the comment, especially as we have held that opinions of medical experts are not conclusive and may even be disregarded by the deputy “in favor of lay testimony,” Magic City Bottle and Supply Co. v. Robinson, 116 So. 2d 240 (Fla.1959); that the deputy may consider not only lay testimony but his personal view of the claimant as well, Hernandez v. DeCarlo, 116 So. 2d 429 (Fla.1959); and that a conclusion may be based on the testimony of a claimant to the exclusion of a m…
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Ardmore Farms, Inc. v. Squires, 395 So. 2d 268 (Fla. 1st DCA 1981)…deputy commissioner may disregard expert opinion. See Crowell v. Messana, 180 So. 2d 329 (Fla.1965) and cases cited therein; Plantation Construction Co. v. Ayers, 385 So. 2d 1138 (Fla. 1st DCA 1980) citing Magic City Bottle & Supply Co. v. Robinson, 116 So. 2d 240 (Fla.1959). Implicit in the deputy’s finding that claimant was entitled to compensation for temporary total disability was the finding that she was unable to work. See Walter Glades Condominium v. Morris, 393 So. 2d 664 (Fla. 1st DCA 1981). Althoug…
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- Metro. Life Ins. Co. v. Jenkins, 152 Fla. 486 (Fla. 1943)
- Kimbro v. Metro. Life Ins. Co., 112 So. 2d 274 (Fla. 3d DCA 1959)