A Judge of Compensation Claims awarded worker's compensation benefits to an injured worker, Yaadram Nathai, based on a doctor's testimony that a second opinion concerning the injury was "medically necessary."  The employer, Florida Detroit Diesel, and the employer's servicing agent, Gallagher Bassett Services, Inc., appealed, arguing that a second opinion was not "orthopedically necessary." 

The First District Court ruled that whether a second opinion was necessary was a question of fact and that a decision turning on a finding of fact must be affirmed when supported by competent substantial evidence.  In this case, the Court found that Yaadram Nathai was entitled to a second opinion per the doctor's expert testimony.  Therefore, it did not matter if there may have been some evidence to support the position of the employer and servicing agent because the facts of a case are not reweighed in the appellate court.