Keener Construction Co. v. Simpson

I respectfully dissent. The rule is firmly established that the judge of compensation claims’ findings and conclusions, even in the face of conflicting evidence, will be affirmed if such findings and conclusions are permitted by any view of the evidence and its permissible inferences. Gomez v. Neckwear, 424 So.2d 106, 108 (Fla. 1st DCA 1982) (en banc). The question then is whether there was any evidence supporting the judge’s finding of a causal relationship between the employee’s death from lung cancer and his employment. In my judgment there was.

The majority rejects the judge’s finding that…