RAUL SALDANA, APPELLANT,
v.
MIAMI-DADE COUNTY AND DIVISION OF RISK MANAGEMENT, APPELLEES
RAUL SALDANA, APPELLANT,
MIAMI-DADE COUNTY AND DIVISION OF RISK MANAGEMENT, APPELLEES
978 So. 2d 823
Florida District Court of Appeal, First District (2008)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. See City of Tarpon Springs v. Vaporis, 953 So. 2d 597, 599 (Fla. 1st DCA 2007) (“All that [section 112.18, Florida Statutes] requires to overcome the presumption is competent substantial evidence that convinces a JCC that the disease was caused by some non-work-related factor, not that it was caused by any sort of ‘specific hazard or non-occupational hazard’.... ”).
ALLEN, KAHN, and DAVIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Punsky v. Clay Cnty. Sheriff's Off. & Scibal Ins. Grp., 18 So. 3d 577 (Fla. 1st DCA 2009)…, as construed in City of Temple Terrace, in our ensuing case law. See Talpesh v. Village of Royal Palm Beach, 994 So. 2d 353 (Fla. 1st DCA 2008); Lentini v. City of West Palm Beach, 980 So. 2d 1232 (Fla. 1st DCA 2008); Saldana v. Miami-Dade County, 978 So. 2d 823 (Fla. 1st DCA 2008); City of Tarpon Springs v. Vaporis, 953 So. 2d 597, 599 (Fla. 1st DCA 2007); Seminole County Sheriff's Office v. Johnson, 901 So. 2d 342 (Fla. 1st DCA 2005). In at least three cases, however, we have noted the “clear and convinci…
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Graymond Butler v. City OF Jacksonville, 980 So. 2d 1250 (Fla. 1st DCA 2008)…2007): “All that the statute requires to overcome the presumption is competent substantial evidence that convinces a JCC that the disease was caused by some non-work-related factor.... ” See also Saldana v. Miami-Dade County and Div. of Risk Mgmt., 978 So. 2d 823 (Fla. 1st DCA 2008). Our holding in Vaporis was true to section 112.18(1), which, in pertinent part, provides that the presumption of industrial causation set up by that statute prevails, “unless the contrary be shown by competent evidence.” I recog…
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Lentini v. City OF W. Palm Beach, 980 So. 2d 1232 (Fla. 1st DCA 2008)…se was caused by some non-work-related factor, not that it was caused by any sort of ‘specific hazard or non-occupational hazard’ ...” City of Tarpon Springs v. Vaporis, 953 So. 2d 597, 599 (Fla. 1st DCA 2007); see also Saldana v. Miami-Dade County, 978 So. 2d 823 (Fla. 1st DCA 2008). Since the record here contains competent substantial evidence supporting the judge of compensation claims’ conclusion that the employer/carrier successfully rebutted the presumption, we AFFIRM the orders on appeal. KAHN and…
Authorities Cited
- Corker v. State, 953 So. 2d 597 (Fla. 1st DCA 2007)
- City OF Tarpon Springs & Fla. League of Cities, Inc. v. Vaporis, 953 So. 2d 597 (Fla. 1st DCA 2007)