Dalzell v. Mercy Hospital
District Court of Appeal of Florida
1DissentErvin, Judge
I cannot agree with my colleagues’ decision to affirm the order denying claimant’s petition for permanent total disability (PTD) benefits. In my judgment, the judge of compensations claims (JCC) ignored or overlooked critical evidence in the record indicating a contrary result, and erroneously made certain critical findings that are unsupported by the record. I would therefore reverse the order and remand the cause to the JCC with directions that he either award the benefits requested, or, in the alternative, that he clarify his findings by both correcting his erroneous findings and…
2Cases cited5 opinions
- Turner v. G. Pierce Wood Memorial Hosp.District Court of Appeal of Florida · 1992
- Romero v. Waterproofing Systems of MiamiDistrict Court of Appeal of Florida · 1986
- Gill v. USX Corp.District Court of Appeal of Florida · 1991
- Herrera v. Hojo Inn MaingateDistrict Court of Appeal of Florida · 1996
- Boles v. West Orange Paint & BodyDistrict Court of Appeal of Florida · 1996