(Download) "Eaton Corp. v. Votour" by State of Florida In the District Court of Appeal First District * Book PDF Kindle ePub Free
eBook details
- Title: Eaton Corp. v. Votour
- Author : State of Florida In the District Court of Appeal First District
- Release Date : January 07, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Eaton Corporation and GAB Robins North America, Inc., employer and carrier (E/C), appeal the judge of compensation claims' (JCC) order awarding appellee Dottie Votour (claimant) certain disability benefits. They argue the JCC erred in excluding surveillance videos taken of claimant's activities from admission as impeachment evidence, as authorized by Florida Administrative Code Rule 60Q-6.113(2), which requires a party to inform the opposing party before the final hearing of any evidence that will be used, except for impeachment evidence. Because we conclude the JCC abused her discretion in deciding that the evidence was not admissible for the purpose of impeachment, we reverse the compensation order and remand the case with directions. Claimant suffered a compensable rotator-cuff injury to her right shoulder while in the employ of the E/C on July 6, 2000. As a result, she underwent two surgeries and later attempted to return to her former work as a wire assembler, but left, complaining of great pain in her right arm. Her orthopedic surgeon opined that Votour has a 14 percent permanent impairment of the whole person, and imposed permanent work restrictions against repetitive use of the right arm and lifting more than five pounds.
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