Koulias v. Tarpon Marine Ways
| Decision Date | 10 February 1989 |
| Docket Number | No. 88-560,88-560 |
| Citation | 538 So.2d 130,14 Fla. L. Weekly 401 |
| Parties | 14 Fla. L. Weekly 401 Antone KOULIAS, Appellant, v. TARPON MARINE WAYS, Appellee. |
| Court | Florida District Court of Appeals |
John G. Thompson, of Yanchuck, Thompson, Young, Berman, Latour, P.A., Tarpon Springs, for appellant.
Nancy L. Cavey, St. Petersburg, for appellee.
Antone Koulias has appealed from an order of the deputy commissioner holding that his heart attack was noncompensable and denying his claim for benefits with regard to a shoulder injury. We affirm in part and reverse in part.
Koulias was employed by Tarpon Marine Ways (Tarpon) as a boat carpenter when he received an electric shock from a sander he was operating. The shock caused him to lose his balance and he wrenched his right shoulder catching himself to prevent a fall. At least 48 hours after receiving the shock, Koulias suffered a heart attack, from which it is undisputed he is now permanently disabled. Koulias subsequently filed a claim for wage loss and/or permanent total disability benefits with regard to both the heart attack and the right shoulder injury. Following a hearing at which conflicting medical opinions as to causation were expressed, the deputy found that the electric shock had no causal relationship to Koulias' heart attack. He also dismissed Koulias' claim with regard to the shoulder injury in that "[h]is inability to get out and find work is because he is permanently and totally disabled from his unrelated heart condition."
Koulias has argued first that the deputy erred in determining the causation issue based on his acceptance of the opinion of a doctor who examined Koulias only once over the opinion of Koulias' treating physician. It is the deputy commissioner's function to determine credibility and resolve conflicts in the evidence, and he may accept the testimony of one physician over several others. The acceptance and rejection of medical testimony rests with the deputy, and his discretion should not be disturbed unless the medical testimony itself fails to meet the test of the substantial evidence rule. Griffith v. McDonalds, 526 So.2d 1032, 1033 (Fla. 1st DCA 1988). In this case, the medical opinion relied on by the deputy was based on objective testing as well as on the doctor's experience and observation. We also note that Koulias' treating physician did not treat him at the time of the heart attack, but assumed his care at least six months later. Therefore, any...
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...not be disturbed unless the medical testimony itself fails to meet the test of the substantial evidence rule. Koulias v. Tarpon Marine Ways, 538 So.2d 130 (Fla. 1st DCA 1989); Griffith v. McDonalds, 526 So.2d 1032, 1033 (Fla. 1st DCA 1988). Although in similar circumstances, we might have r......
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