Phillips v. Hague Water Conditioning
Phillips v. Hague Water Conditioning
Opinion of the Court
Wayne Phillips appeals a workers’ compensation order denying him medical benefits and temporary total or temporary partial disability benefits. The Judge of Compensation Claims (JCC) found that Phillips did not carry his burden of proving that an accident occurred on December 15, 1990 and failed to establish that his present back condition is causally related to the October 5, 1986 accident.
On October 5, 1986, Mr. Phillips sustained a work related injury while employed by Hague Water Conditioning. As a result, Phillips suffered a herniated disc at L5-S1 on the right and underwent a laminectomy on February 5, 1987.
We affirm the findings as to the 1990 accident because competent substantial evidence supports the JCC’s conclusion that Phillips did not suffer a compensable accident on December 15, 1990 while employed with Progress Drywall & Stucco, Inc. We conclude, however, that Dr. Fifer’s opinion that Phillips’ 1991 condition was probably causally related to the 1986 injury is unre-futed. The JCC did not reject this opinion. Accordingly, the record lacks competent substantial evidence to support the JCC’s conclusion that none of Phillips’ medical problems were related to the October 5, 1986 accident. We reverse this portion of the order and remand for further proceedings.
. On November 25, 1987, Phillips settled the indemnity portion of his claim with Hague, but the medical portion of the claim remained open.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.