SENTRY AIR FREIGHT CORP. v. MENENDEZ

No. AP-58.

440 So.2d 431 (1983)

SENTRY AIR FREIGHT CORP. and Insurance Company of North America, Appellants, v. Angel MENENDEZ and Division of Workers' Compensation, Appellees.

District Court of Appeal of Florida, First District.

October 21, 1983.


Attorney(s) appearing for the Case

H. George Kagan, of Miller, Hodges & Kagan, P.A., Miami, for appellants.

No appearance for appellees.


WIGGINTON, Judge.

The employer/carrier appeal the deputy commissioner's order finding claimant's knee injury to be compensable as either caused or substantially aggravated by the alleged industrial accident. We reverse.

After carefully reviewing the record, we conclude that the deputy has misconceived the evidence. For her finding of a 35 percent permanent impairment, the deputy relied solely on the opinion of Dr. Barry. However, Dr. Barry first treated claimant...

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