Florida District Courts of Appeal, 1999

Raytheon Services v. Genna

Raytheon Services v. Genna
Florida District Courts of Appeal · Decided October 27, 1999 · Barfield, Benton, Webster
742 So. 2d 862; 1999 Fla. App. LEXIS 14135; 1999 WL 1016953 (Southern Reporter, Second Series)

Raytheon Services v. Genna

Opinion of the Court

PER CURIAM.

In this workers’ compensation appeal, we affirm the award of permanent total disability benefits because it is supported by competent substantial evidence. However, we reverse the award of palliative neurological care and treatment because it is not supported by competent substantial evidence.

AFFIRMED IN PART and REVERSED IN PART.

BARFIELD, C.J. and WEBSTER, J., concur; BENTON, J., concurs in part and dissents in part with written opinion.

Concurring in Part

BENTON, J.,

concurring in part and dissenting in part.

The claimant did not prove that his industrial accident was the major contributing cause of the discogenic pain his physician testified would, in any event, permit him to do light work. The claimant was, *863moreover, repeatedly observed performing light work at the restaurant he and his wife own, where he sometimes spent as much as eight hours a day. I would reverse the award of permanent total disability benefits as well as the award of palliative care.

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