WILLIE ANDREWS, PETITIONER,
v.
C.B.S. DIVISION, MAULE INDUSTRIES AND CORPORATE GROUP SERVICE, INC., AND FLORIDA INDUSTRIAL COMMISSION, TALLAHASSEE, FLORIDA, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Willie Andrews sought workers' compensation benefits for rheumatoid arthritis allegedly caused or aggravated by two job-related accidents. The Florida Supreme Court reversed the Industrial Commission's award denial, holding that the deputy commissioner failed to adequately consider all medical testimony and explain his reasons for rejecting the claimant's doctors' opinions, violating the requirement that findings be supported by competent, substantial evidence according with logic and reason.
The Court held that the deputy commissioner's order was inadequate and unsupported by competent, substantial evidence. The deputy improperly relied on only three doctors' testimony while failing to acknowledge or weigh the testimony of three other doctors, and did not explain his reasons for rejecting the claimant's medical evidence. The order was quashed and remanded for reconsideration in accordance with proper standards of review.
“the order of the deputy commissioner is inadequate to a proper judicial review”
Establishes that the deputy failed to adequately weigh evidence and consider the relative merits of the two accidents
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAndrews, a block mover working in damp conditions, suffered two on-the-job accidents: a fall from a concrete block on November 11, 1957 (right ankle i…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Aggravation Of Pre-Existing Condition cases and more on FLexlaw
This cause is before the Court on petition for certiorari to review an order of the full commission affirming an award of the deputy commissioner on the ground that such award was supported by competent, substantial evidence.
The question we have for decision, therefore, basically is whether there is-substantial, competent evidence in accordance with logic and reason to sustain the-finding of the deputy commissioner1 that there was no causative connection between the accidents and the petitioner’s (hereinafter designated as claimant) rheumatoid arthritis and that the claimant reached maximum improvement on January 20, 1958 without permanent partial disability. The evidence before the deputy commissioner *209was that the claimant had been in excellent health before he suffered two accidents on the job. The claimant was a block mover working in damp, wet and sometimes cold conditions. The first accident was on November 11, 1957 when claimant fell from a concrete block injuring his right ankle. The second accident was on December 20, 1957 about which the deputy failed to adduce testimony. Claimant was treated and advised to return to work but his condition after the second accident was diagnosed as rheumatoid arthritis. This diagnosis was not made until April 17, 1958. Claimant was unable to work after that date. While six doctors testified in the hearings before the deputy commissioner, such deputy commissioner relied primarily to support his findings upon the testimony of only three,2 failing in any way to give the tes*210timony of the other three doctors the benefit of his judicial opinion in accordance with the requirements of Hardy v. City of Tarpon Springs, Fla.1955, 81 So.2d 503, 505.3
Moreover, the deputy commissioner failed to consider, in the weighing of the evidence and making reasonable deductions therefrom, the relative merits of the individual accidents, i. e. the first accident of November 11, 1957 and the second accident of December 20, 1957 as to the question of whether the condition of the claimant was aggravated by the second accident or whether the condition of the claimant as alleged arose from either the alleged pre-existing condition plus the first accident, the alleged pre-existing condition plus the second accident or the alleged pre-existing condition plus the first and second accidents. In these respects, at least, the order of the deputy commissioner is inadequate to a proper judicial review.
We now come to the question of whether there is substantial, competent evidence which accords with logic and reason to sustain the finding of the deputy commissioner that there was no causative connection between the accidents and the petitioner’s rheumatoid arthritis and that the petitioner reached maximum improvement on January 20, 1958 without permanent partial disability.
In the instant case, the record shows that the medical evidence of the three physicians relied upon by the deputy commissioner to support his findings is in fact contradictory to such an extent that it, without the medical evidence submitted by the claimant and the claimant’s own testimony, coupled with the consistent, steady and uninterrupted deterioration of claimant’s condition brought on by the spread of the arthritis,4 could not have been considered as “competent, substantial evidence” since it did not establish a substantial basis of fact from which the fact at issue could have been reasonably inferred. In other words, the evidence relied upon by the deputy commissioner and interpreted by him when considered with the other evidence in the record neither discussed nor referred to by the commissioner5 was not such relevant evidence as a reasonable mind would accept as adequate to support the conclusion at which he arrived and, therefore, neither the evidence relied upon nor the conclusion reached thereon was in accord with logic and reason as the law requires.6 Most of the cases of this Court concerning this question use the expression “such order must be supported by ‘competent, substantial evidence which accords with logic and reason.’ ” While, of course, the evidence must accord with logic and reason (otherwise it would not be competent) it is really the result that must attain that quality. To put *211it another way, if the evidence is not logical and reasonable, a finding based on and supported by such evidence would be based on incompetent evidence and hence be contrary to law.
The responsibility of the deputy commissioner to evaluate all of the testimony takes precedence over the legal theory that the opinions of medical experts are not in and of themselves conclusive in matters wherein they are called to testify. The weight of all the opinions of medical experts must be considered in the order of the deputy commissioner before such order may be considered as having been supported by competent, substantial evidence or, it must appear from the deputy’s order that some basis existed for rejecting — or qualifiedly considering medical testimony that otherwise appears to be valid and acceptable. In the instant case, the order fails to recognize the opinions of the medical experts testifying on behalf of the claimant other than by inference, or to give any weight to them or explain why they were not recognized and considered along with those of the other physicians.7 The order should have considered all of the evidence which included the opinions of those physicians relied upon by the claimant as well as those relied upon by the commissioner in support of his order so, as we have stated, a reviewing tribunal can properly evaluate the correctness of the deputy’s findings and determine, in fact, whether such order is supported by the quantity and quality of evidence which the law requires.8
We need not delve into the record as to the matter of aggravation itself except to point out the great weight of authority in such cases is to the effect that where an employee inflicted with a disease, known or unknown, receives a personal injury under such circumstances that he might have appealed to the workmen’s compensation act, F.S.A. § 440.01 et seq. for relief on account of the injury had there been no disease involved, but the injury aggravates or accelerates the progress of the disease materially contributing to hasten its culmination in disability, there may be a compensation award.9
The evaluation of conflicting medical opinions in these cases has been a source of much litigation and dispute. Many years ago this Court laid down the rule that such expert testimony should be weighed and evaluated by the deputy commissioners as other testimony, and that the competent, substantial evidence rule was applicable in reviewing a deputy commissioner’s findings thereon. There are necessary limitations, however, upon that broad pronouncement. In weighing the testimony of witnesses in general, the triers of fact may, under proper circumstances, accept the testimony of one and reject that of the other. The considerations which enter into the evaluation of the testimony of the ordinary witness are not ordinarily present in weighing and evaluating the testimony of experts. Ordinarily one called in as an expert is wholly disinterested and, therefore, the rule that a witness’ testimony may be weighed by his interest in the outcome of the case would not be an element of consideration. Generally, experience, education, integrity, or the lack of tírese qualities; specialization in a particular field — or the fact that the *212doctor is the treating physician may, of course, be taken into consideration by the deputy, but the factors which influence his view or lead him to give greater or less weight to one rather than another should be stated so that the reviewing authority may be able to determine whether the result accords with logic and reason — or to put it another way — whether the result is supported by “competent, substantial evidence”.
The instant case presents a classic example of diametrically opposed opinions from what appear to be qualified doctors. It must be admitted that this is not an unusual occurrence in these cases. As we have pointed out, the law does not permit the deputy commissioner to select the testimony of the medical witness he wishes to believe and reject the others without some logical reason for doing so. And, we repeat, the reviewing tribunal cannot determine the correctness of the conclusions of the deputy commissioner unless he makes proper findings and explains his reasons for rejecting or accepting the testimony of one medical expert over that of another. The purpose of a reviewing tribunal is to determine the correctness of the actions being reviewed, not to read — and decide for itself — the weight of the evidence.
In those instances where the scales are evenly balanced, so far as medical testimony is concerned, the deputy commissioner may be required to turn to the other evidence in the record, including that of the claimant, the history of the disease, its steady or intermittent progression and other physical facts in order to determine where the truth lies and which medical testimony, otherwise competent and substantial, accords with logic and reason. Findings of the kind required hereby and by other opinions of this Court may be burdensome to the triers of fact. Their findings, it must be remembered, have been accorded great weight by the reviewing authorities. Such findings are usually the very foundation upon which substantial rights are granted or denied and, therefore, should not be vague, speculative or inconclusive.
The order of the full commission approving the compensation order of the deputy commissioner, for the reasons herein pronounced, must be and is hereby quashed with directions to enter an order sending the cause back to the deputy commissioner for further consideration in accordance with the views herein expressed.
It is so ordered.
ROBERTS, THORNAL and O’CON-NELL, JJ., concur.
THOMAS, C. T., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (31 total)
-
Evans v. Fla. Indus. Comm'n, 196 So. 2d 748 (Fla. 1967)…Davis v. [*751] Artley Const. Co., 1944, 154 Fla. 481, 18 So. 2d 255; Cleary Bros. Const. Co. v. Nobles, 1945, 156 Fla. 408, 23 So. 2d 525; Borden’s Dairy v. Zanders, Fla. 1949, 42 So. 2d 539; Andrews v. C.B.S. Division, Maule Industries, Fla.1960, 118 So. 2d 206; Standard Oil Co. v. Gay, Fla.1960, 118 So. 2d 212. The broad difference between our earlier and later opinions involving apportionment under Sec. 440.02(19), as well as the interpretation given the section by the commission in this case, has convi…
-
Philpot v. City OF Miami, 541 So. 2d 680 (Fla. 1st DCA 1989)…rd. Poorman v. Muncy & Bartle Painting, 433 So. 2d 1371 (Fla. 1st DCA 1983). Moreover, a deputy may not reject uncontrovert-ed medical testimony without a reasonable explanation therefor. For example, in Andrews v. C.B.S. Division, Maule Industries, 118 So. 2d 206 (Fla.1960), the court instructed: [T]he law does not permit the deputy commissioner to select the medical testimony of the witness he wishes to believe and reject the others without some logical reason for doing so_the reviewing tribunal cannot det…
-
Thomas v. The Salvation Army & Liberty Mut. Ins. Co., 562 So. 2d 746 (Fla. 1st DCA 1990)…Computer Products, Inc. v. Williams, 530 So. 2d at 1007. In evaluating medical evidence, a judge of compensation claims may not reject uncontroverted medical testimony without a reasonable explanation. Andrews v. C.B.S. Division, Maule Industries, 118 So. 2d 206, 212 (Fla.1960); Philpot v. City of Miami, 541 So. 2d 680, 683 (Fla. 1st DCA 1989). In other words, “[wjhere the issue before the deputy commissioner involves essentially a medical question, the deputy commissioner should offer a sufficient reason f…
Previewing 3 of 31 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- de Groot v. Sheffield, 95 So. 2d 912 (Fla. 1957)
- US Cas. Co. v. Md. Cas. Co., 55 So.2d 741 (Fla. 1951)
- Hampton Hardy v. City OF Tarpon Springs, 81 So. 2d 503 (Fla. 1955)
- Davis v. Artley Constr. Co., 154 Fla. 481 (Fla. 1944)
- Fla. Indus. Comm'n v. Nordin, 101 So. 2d 890 (Fla. 1st DCA 1958)
- Andrews v. Strecker Body Builders, Inc., 92 So. 2d 521 (Fla. 1957)
- David M. Woolin & SON, Inc. v. McKAIN, 110 So. 2d 92 (Fla. 3d DCA 1959)