# Brandon v. Hillsborough County School Board

> District Court of Appeal of Florida · March 19, 1984 · 447 So. 2d 982

URL: https://www.frixlaw.com/law-library/cases/7532870

## Case

- **Full name:** Fermon BRANDON v. HILLSBOROUGH COUNTY SCHOOL BOARD & Insurance Co. of North America
- **Court:** District Court of Appeal of Florida
- **Decided:** March 19, 1984
- **Citations:** 447 So. 2d 982; 16 Educ. L. Rep. 1435; 1984 Fla. App. LEXIS 12259
- **Precedential status:** Published
- **Opinion:** Dissent by Zehmer
- **Judges:** Nimmons, Wentworth, Zehmer
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7532870

## Opinion text

ZEHMER, Judge,
dissenting.
The deputy commissioner denied wage-loss benefits because he found that claimant failed to prove any permanent physical impairment under the American Medical Association’s Guide to the Evaluation of Permanent Impairment. Our prior decisions apparently influenced the deputy to consider impairment solely under the guide; and he did not undertake to decide whether, apart from the use of this guide, the evidence proved any permanent impairment. Since the guide is no longer the exclusive basis for determining permanent impairment, 1 I would reverse and remand for an initial, factual determination by the deputy as to permanent impairment, irrespective of the provisions of the guide. I believe that the deputy, being charged with evaluating the testimony and credibility of witnesses, should be the first to review the evidence and make this determination — not this court.
. Trindade v. Abbey Road Beef 'N Booze, 443 So.2d 1007 (Fla. 1st DCA 1983); Peck v. Palm Beach County Board of Commissioners, 442 So.2d 1050 (Fla. 1st DCA 1983).

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7532870. Public record. Not legal advice.