Opinion

Sunshine Plumbing v. Benecke

  • 558 So. 2d 162
  • 1990 Fla. App. LEXIS 1742
  • 1990 WL 26697
Court
District Court of Appeal of Florida
Filed
Mar 14, 1990
Status
Published
Author
Wentworth
On the bench
Joanos, Thompson, Wentworth
Cited by
3 cases

decisions requiring expert medical testimony to show causation as to certain “disabilities” are not relevant to case dealing with cause of “accident”

How later courts described this case

  • decisions requiring expert medical testimony to show causation as to certain “disabilities” are not relevant to case dealing with cause of “accident”

Written by the judges who cited it.

The opinion

WENTWORTH, Judge,

dissenting.

I would affirm because the express determination by the judge that the second accident was caused by residuals from the compensable injury appears to me to be adequately supported by the record evidence. Decisions with respect to need for expert medical testimony on causes for certain disabilities simply have no relevance to the cause of an accident, as to which the ordinary proof would be lay testimony with the usual credibility call in its evaluation. The record recitations here substantiate claimant’s prior compensable residual back and leg incapacity to which he attributed his fall from a leg collapse, and no conflicting evidence of another cause was adduced.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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