IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
ROBERT F. CANTLEY, JR.,
NOT FINAL UNTIL TIME EXPIRES TO
Appellant,
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
v.
CITY OF PORT ST. JOE and
CASE NO. 1D03-0078
FLORIDA LEAGUE OF CITIES,
INC.,
Appellees.
___________________________/
Opinion filed March 11, 2004.
An appeal from an order of the Judge of Compensation Claims.
Laura Roesch, Judge.
Paul M. Anderson, Esquire and Terry P. Roberts, Esquire of Anderson, Culliton &
Sullivan, P.A., Tallahassee, for Appellant.
Douglas F. Miller, Esquire of Clark, Partington, Hart, Larry, Bond & Stackhouse,
Pensacola, for Appellees.
PER CURIAM.
At the hearing on Robert F. Cantley, Jr.'s petition for benefits alleging
psychiatric permanent and total disability caused by accidents occurring on October
15, 1991, and November 29, 1996, the judge of compensation claims excluded the depositions given by Dr. Zumarraga. This was error. Mr. Cantley is entitled to a
determination on the merits of his claim for permanent and total disability benefits, a
claim which has never previously been adjudicated. The judge of compensation claims
should consider all evidence relevant to the claim, including Dr. Zumarraga's
depositions.
REVERSED and REMANDED.
KAHN, BENTON, and VAN NORTWICK, JJ., CONCUR.
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