Legal Opinion · Concurring in part, dissenting in part

Murphy v. Northeast Drywall

District Court of Appeal of Florida

Decided March 25, 1997No. 95-4389Published

1Concurring in part, dissenting in partErvin, Judge

I concur with the majority in its disposition of all issues except those relating to whether the judge of compensation claims (JCC) erred in (1) finding that claimant, Raymond Murphy, suffered only a two percent permanent impairment (PI) as a result of his second industrial accident of June 28, 1993, and (2) denying the claim for wage loss. I would reverse and remand as to these two issues. In my judgment, the JCC misinterpreted the attending physicians’ testimony and the provisions of the Florida Guides,2 as well as pertinent Florida statutes, in ruling that Murphy had experienced only a two…

2Cases cited11 opinions

  1. Evans v. Florida Industrial CommissionSupreme Court of Florida · 1967
  2. Structural Systems, Inc. v. WorthenDistrict Court of Appeal of Florida · 1985
  3. US Elec. Co. v. Sisk Elec. Service, Inc.District Court of Appeal of Florida · 1982
  4. Cruise Quality Painting v. PaigeDistrict Court of Appeal of Florida · 1990
  5. State Farm Mut. Auto. Ins. Co. v. GageDistrict Court of Appeal of Florida · 1992

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