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[W] Adventist Health System / Sunbelt3/28/2003
e law judge in this case was not bound to find mental impairment. The judge was entitled to weigh the evidence presented, to believe or disbelieve any or all of it and to reach a decision, so long as supported by competent evidence. The NICA plan is in derogation of the common law; it must be narrowly construed. 686 So. 2d at 1354. The legislature did not, as it could have done, define "substantial mental impairment" nor did it identify any physical limitations characteristic of such injuries that would cause or equate to mental impairment. NICA bore the burden of persuasion in this case that Raven was "substantially mentally impaired" and its evidence was not persuasive to the administrative hearing officer. I would affirm.
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