Stephens Trucking Co. v. Bibbs

District Court of Appeal of Florida

Stephens Trucking Co. v. Bibbs

605 So. 2d 1023, 1992 Fla. App. LEXIS 10829, 1992 WL 282092

CourtDistrict Court of Appeal of Florida

DecidedOctober 16, 1992

DocketNo. 91-3687

StatusPublished

This text of 605 So. 2d 1023 (Stephens Trucking Co. v. Bibbs) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stephens Trucking Co. v. Bibbs, 605 So. 2d 1023, 1992 Fla. App. LEXIS 10829, 1992 WL 282092 (Fla. Ct. App. 1992).

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Opinion

WIGGINTON, Judge.

Appellants, employer/carrier, appeal the judge of compensation claims’ order finding appellee’s cervical spine condition com-pensable and awarding temporary total disability and medical benefits as well as attorney’s fees. We reverse.

In Stephens Trucking Co. v. Bibbs, 569 So.2d 490 (Fla. 1st DCA 1990), this court reversed the judge of compensation claims’ initial award of benefits in this case and remanded for the taking of further evidence on the issue of causation. Upon remand, the only additional evidence offered was a second deposition of Dr. Aung-Din, which we find still does not provide competent, substantial evidence that a causal relationship exists between appel-lee’s cervical spine condition and any work-related incident or incidents for which employer/carrier can be held responsible. Therefore, we reverse the judge of compensation claims’ finding of compensability in this case and his consequent award of benefits.

REVERSED.

ALLEN and WEBSTER, JJ., concur.

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WIGGINTON, Judge.

Appellants, employer/carrier, appeal the judge of compensation claims’ order finding appellee’s cervical spine condition com-pensable and awarding temporary total disability and medical benefits as well as attorney’s fees. We reverse.

In Stephens Trucking Co. v. Bibbs, 569 So.2d 490 (Fla. 1st DCA 1990), this court reversed the judge of compensation claims’ initial award of benefits in this case and remanded for the taking of further evidence on the issue of causation. Upon remand, the only additional evidence offered was a second deposition of Dr. Aung-Din, which we find still does not provide competent, substantial evidence that a causal relationship exists between appel-lee’s cervical spine condition and any work-related incident or incidents for which employer/carrier can be held responsible. Therefore, we reverse the judge of compensation claims’ finding of compensability in this case and his consequent award of benefits.

REVERSED.

ALLEN and WEBSTER, JJ., concur.

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605 So. 2d 1023, 1992 Fla. App. LEXIS 10829, 1992 WL 282092, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephens-trucking-co-v-bibbs-fladistctapp-1992.

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