From Casetext: Smarter Legal Research

Wisznia v. Leon County Div. of Animal

District Court of Appeal of Florida, First District
Apr 7, 2005
Case No. 1D04-664 (Fla. Dist. Ct. App. Apr. 7, 2005)

Opinion

Case No. 1D04-664.

Opinion filed April 7, 2005.

An appeal from an order of the Judge of Compensation Claims, John J. Lazzara, Judge.

Terry P. Roberts and Paul M. Anderson of Anderson Sullivan, P.A., Tallahassee, for Appellant.

Mary E. Cruickshank of DuBois Cruickshank, P.A., Tallahassee, for Appellees.


In this workers' compensation case, as in Cromartie v. City of St. Petersburg, 882 So. 2d 439 (Fla. 1st DCA 2004), our review of the record satisfies us that the record does not contain competent and substantial evidence to support the determination of the judge of compensation claims that clear and convincing evidence existed sufficient to reject the appointed expert medical advisor's opinion that the claimant had sustained a psychiatric injury as a result of the compensable workplace accident. Accordingly, as in Cromartie, we reverse the order denying the petition requesting psychiatric care, and remand with directions that the judge of compensation claims enter an order granting that petition.

REVERSED and REMANDED, with directions.

WEBSTER, BENTON and POLSTON, JJ., CONCUR.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.


Summaries of

Wisznia v. Leon County Div. of Animal

District Court of Appeal of Florida, First District
Apr 7, 2005
Case No. 1D04-664 (Fla. Dist. Ct. App. Apr. 7, 2005)
Case details for

Wisznia v. Leon County Div. of Animal

Case Details

Full title:JEAN-CLAUDE WISZNIA, Appellant, v. LEON COUNTY DIVISION OF ANIMAL CONTROL…

Court:District Court of Appeal of Florida, First District

Date published: Apr 7, 2005

Citations

Case No. 1D04-664 (Fla. Dist. Ct. App. Apr. 7, 2005)