Legal Opinion · Dissent

Hicks v. Jockey Club of Ocala

District Court of Appeal of Florida

Decided February 9, 1990No. 87-1611Published

1DissentErvin, Judge

I would reverse and remand this cause to the judge of compensation claims (JCC) for additional findings.

In his order, the JCC places great emphasis upon the fact that the claimant was informed by a representative of the Division of Workers’ Compensation (DWC) that, in order for his claim to be compensa-ble, he was required to have been subjected to overexertion or physical stress uncommon to the type of work to which he was accustomed. The JCC emphasizes that all of the medical testimony regarding claimant’s heart attack and ruptured disc was based upon histories given by claimant after the…

2Cases cited3 opinions

  1. Calleyro v. Mt. Sinai Hosp.District Court of Appeal of Florida · 1987
  2. Poorman v. Muncy & Bartle PaintingDistrict Court of Appeal of Florida · 1983
  3. Ralosky v. Dynamic Builders, Inc.District Court of Appeal of Florida · 1986

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