Fitzgerald v. Osceola County School Bd.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding \[c]laimant bore the burden over the course of the proceedings below to prove her entitlement to workers' compensation benefits\
• holding “[claimant bore the burden over the course of the proceedings below to prove her entitlement to workers’ compensation benefits”
• holding claimant has burden to prove entitlement to benefits and decision in favor of party without burden of proof need not be supported by CSE
• holding claimant has burden to prove entitlement to benefits and decision in favor of party without burden of proof need not be supported by competent substantial evidence
• holding where EMA does not offer definitive or conclusive opinion, JCC is not bound by such opinion and may use EMA opinion as source of assistance to resolve disputed medical issue
• noting that, even if an EMA’s opinion is found by a JCC to not merit application of the statutory presumption of correctness, the opinion remains in evidence and “is, at bottom, a source of ‘assistance’ to the JCC”

Source: CourtListener parenthetical corpus (CC0).