SPECIAL DISABILITY TRUST FUND v. VAN PELT BROS.

No. BR-389.

513 So.2d 1344 (1987)

SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR & EMPLOYMENT SECURITY, STATE OF FLORIDA, Appellant, v. VAN PELT BROTHERS DAIRY and Florida Farm Bureau, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied November 10, 1987.


Attorney(s) appearing for the Case

Joe G. Durrett, Special Disability Trust Fund, Tallahassee, for appellant.

Thomas J. Maida of Karl, McConnaughhay, Roland & Maida, P.A., Tallahassee, for appellees.


WIGGINTON, Judge.

After careful analysis of the record and the parties' briefs, we are compelled to defer to the deputy commissioner's evaluation of the evidence and his findings that the employee suffered from a preexisting permanent physical impairment of mental retardation and that the employer knew of that impairment prior to the subsequent accident. Consequently, the employer was entitled to the conclusive presumption in section 440.49(2)(f)1, Florida Statutes...

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