Legal Opinion

Garcia v. Fence Masters, Inc.

District Court of Appeal of Florida

Decided August 6, 2009No. 1D08-5275PublishedCited by 4 opinions

1Per curiam

Claimant challenges an order of the Judge of Compensation Claims (JCC) denying his claim for permanent total disability (PTD) benefits. Claimant argues the JCC erred by relying on the opinion of a vocational expert retained by the employer/carrier (E/C) because the opinion was not sufficiently supported by valid data. For reasons explained herein, we reverse and remand this case for further proceedings.

Background

Claimant, a fifty-nine-year-old welder with limited education and a work history restricted to the field of welding, was displaced from his employment of sixteen years by a…

2Cases cited8 opinions

  1. Ullman v. City of Tampa Parks Dept.District Court of Appeal of Florida · 1993
  2. Fitzgerald v. Osceola County School Bd.District Court of Appeal of Florida · 2008
  3. Chavarria v. Selugal Clothing, Inc.District Court of Appeal of Florida · 2003
  4. Mitchell v. XO COMMUNICATIONSDistrict Court of Appeal of Florida · 2007
  5. Ferrell Gas v. ChildersDistrict Court of Appeal of Florida · 2008

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Blake v. Merck & Co.District Court of Appeal of Florida · 2010
  2. Garcia v. Fence Masters, Inc.District Court of Appeal of Florida · 2009
  3. HDV Construction Systems, Inc. v. AragonDistrict Court of Appeal of Florida · 2011
  4. Kilyn Construction, Inc./ FRSA SIF v. Dedrick PierceDistrict Court of Appeal of Florida · 2016

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