Cumberland Farms, Inc. v. Manning, 96-1153
| Decision Date | 19 December 1996 |
| Docket Number | No. 96-1153,96-1153 |
| Citation | 685 So.2d 64 |
| Parties | 22 Fla. L. Weekly D101 CUMBERLAND FARMS, INC. and Alexsis, Inc., Appellants, v. Karen MANNING, Appellee. |
| Court | Florida District Court of Appeals |
Steven P. Pyle of Pyle, Jones & Hurley, P.A., Winter Park, for Appellants.
Gary F. Large, Titusville, for Appellee.
The employer and carrier (E/C) raise one point in this workers' compensation appeal: "Whether the Judge of Compensation Claims erred in awarding PTD benefits in light of competent substantial evidence for part time sedentary work capabilities and lack of good faith job search effort." In appellants' summary of the argument they state: "It is the E/C's contention the JCC erred in awarding the permanent total disability benefits in light of competent substantial evidence to indicate there was part time sedentary work potentially available and within the claimant's capabilities, but for the lack of a good faith job search efforts."
The point on appeal, and the argument advanced in support, could never support reversal in a workers' compensation case. "Once again we remind counsel of the basic premise that the standard of review in workers' compensation cases is whether competent substantial evidence supports the decision below, not whether it is possible to recite contradictory record evidence which supported the arguments rejected below." Mercy Hosp. v. Holmes, 679 So.2d 860 (Fla. 1st DCA 1996). Given the E/C's choice of an issue on appeal we must, once again, direct counsel's attention to the leading case of Swanigan v. Dobbs House and its admonition, "The point on appeal ... as stated by appellant, is self defeating under applicable standards of appellate review." 442 So.2d 1026, 1027 (Fla. 1st DCA 1983). Swanigan, in uncomplicated terms, explains our standard of review, and should be required reading for any lawyer who desires to handle workers' compensation appeals. Here, appellants' mere assertion that their view of the case is supported by competent substantial evidence is frivolous.
We AFFIRM and GRANT appellee's motion for appellate attorney's fees. The Judge of Compensation Claims will set an appropriate amount.
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...substantial evidence in the record, we must affirm, even if there is evidence to the contrary. See, e.g., Cumberland Farms, Inc. v. Manning, 685 So.2d 64 (Fla. 1st DCA 1996). Finally, CCC and Comcar contend that the night watchman's job was not sheltered employment as a matter of law becaus......
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...a number of years ago in Swanigan v. Dobbs House, 442 So.2d 1026 (Fla. 1st DCA 1983), and more recently in Cumberland Farms, Inc. v. Manning, 685 So.2d 64 (Fla. 1st DCA 1996), we review only whether the record contains CSE to support the JCC's decision. We do not assess whether it is possib......
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...1995); Wilson v. School Board of Palm Beach County, 660 So.2d 407 (Fla. 1st DCA 1995). As we recently noted in Cumberland Farms, Inc. v. Manning, 685 So.2d 64 (Fla. 1st DCA 1996), the standard of review for factual determinations in workers' compensation cases is whether competent substanti......
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...a number of years ago in Swanigan v. Dobbs House, 442 So. 2d 1026 (Fla. 1st DCA 1983), and more recently in Cumberland Farms, Inc. v. Manning, 685 So. 2d 64 (Fla. 1st DCA 1996), we review only whether the record contains CSE to support the JCC's decision. We do not assess whether it is poss......