Legal Opinion · Dissent

Brandon v. Hillsborough County School Board

District Court of Appeal of Florida

Decided March 19, 1984No. AS-90Published

1DissentZehmer, Judge

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…

2Cases cited2 opinions

  1. Trindade v. Abbey Road Beef'N BoozeDistrict Court of Appeal of Florida · 1983
  2. Peck v. PALM BEACH CTY. BD. OF CTY. COMM'RSDistrict Court of Appeal of Florida · 1983

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