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755 So. 2d 781

Docket No. 1D99-1232.

Jacaranda Manor v. Randolph

JACARANDA MANOR and Crawford & Company, Appellants, v. Mary RANDOLPH, Appellee.

District Court of Appeal of Florida · decided 2000-04-12

Cited by 5 later decisions — most recently March 2009

5 state decisions

Key passage — most relied on by later courts

“The opinion of the expert medical advis- or is presumed to be correct unless there is clear and convincing evidence to the contrary as determined by the judge of compensation claims.”

quoted by 1 later decision, including Wuesthoff Memorial Hospital v. Schmitt

“competent substantial record evidence which the judge could reasonably find to be clear and convincing.”

quoted by 1 later decision, including 770 So. 2d 172 - Walgreen Co. v. Carver

Relies on McKesson Drug Co. v. Williams

Good law ✅— No negative treatment on recordhow we know

Decided 2000-04-12

View the full empirical analysis of this case →

¶1Jack A. Weiss and Mitchell R. Golden of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., St. Petersburg, for Appellants.

¶2Robert W. Schoenfelder, St. Petersburg, for Appellee.

¶3ALLEN, J.

¶4The appellants challenge a workers' compensation order by which the judge rejected an expert medical advisor's opinion and instead accepted the opinions of two treating doctors, based in part on their greater expertise and familiarity with the *782 claimant's condition. We conclude that it was thereby permissible for the judge to determine that the statutory presumption of correctness with regard to the expert medical advisor's opinion was overcome by clear and convincing evidence to the contrary, as specified in section 440.13(9)(c), Florida Statutes. As in McKesson Drug Co. v. Williams,706 So.2d 352 (Fla. 1st DCA 1998), this determination will not be disturbed on appeal insofar as it is predicated on competent substantial record evidence which the judge could reasonably find to be clear and convincing. The appealed order is therefore affirmed.

¶5ERVIN and DAVIS, JJ., CONCUR.

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