Legal Opinion

Chastain v. Scandinavian Health Spas

District Court of Appeal of Florida

Decided September 11, 1995No. 94-3038Published

1Per curiam

The claimant appeals a workers’ compensation order effecting modification pursuant to section 440.28, Florida Statutes, based on a change in condition. The claimant argues that the requisite change must be shown by the “greater weight” of the evidence in accordance with Starkman v. Bechtel Power Corp., 588 So.2d 304 (Fla. 1st DCA 1991). However, the proper inquiry on appeal is merely whether the challenged finding is supported by competent substantial evidence. Swanigan v. Dobbs House, 442 So.2d 1026 (Fla. 1st DCA 1983); see also, e.g., Soloff v. U-Totem, Inc. of Broward, 257 So.2d 31…

2Cases cited4 opinions

  1. Swanigan v. Dobbs HouseDistrict Court of Appeal of Florida · 1983
  2. Soloff v. U-Totem, Inc.Supreme Court of Florida · 1971
  3. Kurtz Plumbing & Heating, Inc. v. LyonsDistrict Court of Appeal of Florida · 1985
  4. Starkman v. Bechtel Power Corp.District Court of Appeal of Florida · 1991

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