Sears v. Pittman

Florida District Courts of Appeal
Sears v. Pittman, 579 So. 2d 160 (1991)
1991 Fla. App. LEXIS 3061; 1991 WL 46838
Barfield, Miner, Nimmons

Sears v. Pittman

Opinion of the Court

MINER, Judge.

Finding that the order of the Judge of Compensation Claims awarding benefits based upon his finding that claimant’s injury was causally related to an industrial accident was supported by competent substantial evidence and further that the JCC did not err in applying the logical cause doctrine on the record before us, we affirm the order appéaled from.

BARFIELD, J., concurs. NIMMONS, J., dissents with opinion.

Dissenting Opinion

NIMMONS, Judge,

dissenting,

I would reverse the J.C.C.’s award of compensation. I would hold that the claimant failed to establish a causal connection between the alleged incident at work and her subsequent back problems. I am of the view that the claimant was not entitled to the benefit of the logical cause doctrine because the purported logical, cause was not sufficiently proven by the lay and expert testimony so as to shift to the E/C the burden of demonstrating a more logical cause. Wilhelm v. Westminster Presbyterian Church, 235 So.2d 726 (Fla. 1970); City of Ft. Lauderdale v. Lindie, 496 So.2d 168, 170 (Fla. 1st DCA 1986).

Reference

Full Case Name
SEARS, ROEBUCK & COMPANY, and Allstate Insurance Company v. Rosella PITTMAN
Cited By
1 case
Status
Published