JEAN-CLAUDE WISZNIA v. LEON COUNTY DIVISION OF ANIMAL CONTROL and PREFERRED GOVERNMENT CLAIMS SOLUTIONS
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IN THE DISTRICT COURT OF APPEAL,
FIRST DISTRICT, STATE OF FLORIDA
JEAN-CLAUDE WISZNIA,
Appellant,
v.
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED.
CASE NO. 1D04-664
LEON COUNTY DIVISION OF
ANIMAL CONTROL and
PREFERRED GOVERNMENTAL
CLAIMS SOLUTIONS,
Appellees.
_____________________________/
Opinion filed April 7, 2005.
An appeal from an order of the Judge of Compensation Claims.
John J. Lazzara, Judge.
Terry P. Roberts and Paul M. Anderson of Anderson & Sullivan, P.A., Tallahassee,
for Appellant.
Mary E. Cruickshank of DuBois & Cruickshank, P.A., Tallahassee, for Appellees.
PER CURIAM.
In this workers’ compensation case, as in Cromartie v. City of St. Petersburg,
882 So. 2d 439 (Fla. 1st DCA 2004), our review of the record satisfies us that the
record does not contain competent and substantial evidence to support the
determination of the judge of compensation claims that clear and convincing evidence
existed sufficient to reject the appointed expert medical advisor’s opinion that the
claimant had sustained a psychiatric injury as a result of the compensable workplace
accident. Accordingly, as in Cromartie, we reverse the order denying the petition
requesting psychiatric care, and remand with directions that the judge of compensation
claims enter an order granting that petition.
REVERSED and REMANDED, with directions.
WEBSTER, BENTON and POLSTON, JJ., CONCUR.
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