Severini v. Pan American Beauty School, Inc., No. 89-715

CourtCourt of Appeal of Florida (US)
Writing for the CourtZEHMER; SHIVERS, C.J., and JOANOS
Citation557 So.2d 896
Parties15 Fla. L. Weekly D563 Concetta Baio SEVERINI, Appellant, v. PAN AMERICAN BEAUTY SCHOOL, INC. and Travelers Insurance Company, Appellees.
Decision Date28 February 1990
Docket NumberNo. 89-715

Page 896

557 So.2d 896
15 Fla. L. Weekly D563
Concetta Baio SEVERINI, Appellant,
v.
PAN AMERICAN BEAUTY SCHOOL, INC. and Travelers Insurance Company, Appellees.
No. 89-715.
District Court of Appeal of Florida,
First District.
Feb. 28, 1990.

Page 897

Barbara B. Wagner, Deerfield Beach, for appellant.

James F. Robinson of DeCesare & Salerno, Fort Lauderdale, for appellees.

ZEHMER, Judge.

Concetto Baio Severini appeals a final order denying her workers' compensation claim for temporary total disability benefits and medical care after March 1988. Benefits were denied on the ground that her injuries and disabilities after that date were not related to the December 1987 compensable accident, but rather were solely attributable to an independent, intervening accident that occurred during February 1988 and was not work related. Finding the record lacking in competent, substantial evidence to support the findings of the judge below, we reverse.

All of the medical testimony in this case was presented by deposition. In reviewing findings of fact based on a transcript of testimony rather than witnesses testifying live before the lower tribunal, this appellate court is in an equal position to judge both the credibility and probative value of such transcribed testimony. McCabe v. Bechtel Power Corp., 510 So.2d 1056 (Fla. 1st DCA 1987); Metropolitan Transit Authority v. Bradshaw, 478 So.2d 115 (Fla. 1st DCA 1985); Poorman v. Muncy & Bartle Painting, 433 So.2d 1371 (Fla. 1st DCA 1983); Kelly v. Florida Atlantic University, 413 So.2d 833 (Fla. 1st DCA 1982); Dukes v. Dukes, 346 So.2d 544 (Fla. 1st DCA 1976), cert. dismissed, 351 So.2d 1021 (Fla.1977). Our review of the testimony reveals a lack of the requisite competent, substantial evidence to support the finding in the appealed order that claimant's herniated disc was not causally related to the December 1987 compensable accident. Contrary to the stated basis for the finding on this issue, Dr. Reitman did not give any opinion with regard to whether claimant's medical problems after March 1988 were related to the December 1987 accident. The only doctor who did render an opinion on this issue, Dr. Lazar, testified that claimant's herniated disc was related to the December 1987 accident. While a judge of compensation claims has the discretion to accept the opinion of one physician over that of another, Patterson v. Wellcraft Marine, 509 So.2d 1195 (Fla. 1st DCA 1987), the judge may not reject unrefuted...

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9 practice notes
  • Ullman v. City of Tampa Parks Dept., No. 91-3048
    • United States
    • Court of Appeal of Florida (US)
    • September 15, 1993
    ...(Fla. 1st DCA 1989); Bray v. Electronic Door-Lift, Inc., 558 So.2d 43 (Fla. 1st DCA 1989); Severini v. Pan American Beauty School, Inc., 557 So.2d 896 (Fla. 1st DCA 1990); and Lindsay v. TVS Trucking Co., 565 So.2d 864 (Fla. 1st DCA 1990). We must determine, Page 871 then, whether the JCC f......
  • Jackson Manor Nursing Home v. Ortiz, No. 91-2517
    • United States
    • Court of Appeal of Florida (US)
    • September 4, 1992
    ...unrefuted medical testimony as to attendant care without giving sufficient reasons); see also, Severini v. Pan American Beauty School, 557 So.2d 896 (Fla. 1st DCA1990); Patterson v. Wellcraft Marine, 509 So.2d 1195 (Fla. 1st DCA1987); Calleyro v. Mt. Sinai Hospital, 504 So.2d 1336 (Fla. 1st......
  • Borges v. Osceola Farms Co., No. 93-2029
    • United States
    • Court of Appeal of Florida (US)
    • February 21, 1995
    ...such evidence. Metropolitan Dade County v. Pope, 615 So.2d 856, 857 (Fla. 1st DCA 1993); Severini v. Pan Am. Beauty Sch., Inc., 557 So.2d 896, 897 (Fla. 1st DCA 1990); Haga v. Clay Hyder Trucking Lines, 397 So.2d 428, 431 (Fla. 1st DCA), review denied, 402 So.2d 609 (Fla.1981). The law is c......
  • H & A Frank's Const., Inc. v. Mendoza, No. 90-3013
    • United States
    • Court of Appeal of Florida (US)
    • July 17, 1991
    ...596 (Fla. 1st DCA 1990); Thomas v. Salvation Army, 562 So.2d 746, 749 (Fla. 1st DCA 1990); Severini v. Pan American Beauty School, Inc., 557 So.2d 896, 897 (Fla. 1st DCA 1990); McCabe v. Bechtel Power Corp., 510 So.2d 1056 (Fla. 1st DCA 1987); Metropolitan Transit Authority v. Bradshaw, 478......
  • Request a trial to view additional results
9 cases
  • Ullman v. City of Tampa Parks Dept., No. 91-3048
    • United States
    • Court of Appeal of Florida (US)
    • September 15, 1993
    ...(Fla. 1st DCA 1989); Bray v. Electronic Door-Lift, Inc., 558 So.2d 43 (Fla. 1st DCA 1989); Severini v. Pan American Beauty School, Inc., 557 So.2d 896 (Fla. 1st DCA 1990); and Lindsay v. TVS Trucking Co., 565 So.2d 864 (Fla. 1st DCA 1990). We must determine, Page 871 then, whether the JCC f......
  • Jackson Manor Nursing Home v. Ortiz, No. 91-2517
    • United States
    • Court of Appeal of Florida (US)
    • September 4, 1992
    ...unrefuted medical testimony as to attendant care without giving sufficient reasons); see also, Severini v. Pan American Beauty School, 557 So.2d 896 (Fla. 1st DCA1990); Patterson v. Wellcraft Marine, 509 So.2d 1195 (Fla. 1st DCA1987); Calleyro v. Mt. Sinai Hospital, 504 So.2d 1336 (Fla. 1st......
  • Borges v. Osceola Farms Co., No. 93-2029
    • United States
    • Court of Appeal of Florida (US)
    • February 21, 1995
    ...such evidence. Metropolitan Dade County v. Pope, 615 So.2d 856, 857 (Fla. 1st DCA 1993); Severini v. Pan Am. Beauty Sch., Inc., 557 So.2d 896, 897 (Fla. 1st DCA 1990); Haga v. Clay Hyder Trucking Lines, 397 So.2d 428, 431 (Fla. 1st DCA), review denied, 402 So.2d 609 (Fla.1981). The law is c......
  • H & A Frank's Const., Inc. v. Mendoza, No. 90-3013
    • United States
    • Court of Appeal of Florida (US)
    • July 17, 1991
    ...596 (Fla. 1st DCA 1990); Thomas v. Salvation Army, 562 So.2d 746, 749 (Fla. 1st DCA 1990); Severini v. Pan American Beauty School, Inc., 557 So.2d 896, 897 (Fla. 1st DCA 1990); McCabe v. Bechtel Power Corp., 510 So.2d 1056 (Fla. 1st DCA 1987); Metropolitan Transit Authority v. Bradshaw, 478......
  • Request a trial to view additional results

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