QUINCY HILTON, APPELLANT,
v.
GUERDON INDUSTRIES, INC., AND GAB BUSINESS SERVICES, INC., APPELLEE
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A workers' compensation claimant appealed the denial of benefits for permanent disability allegedly caused by workplace exposure to masonite dust. The court reversed, holding that where workplace inhalation of dust aggravates a pre-existing disease, the claimant is entitled to compensation for the portion of disability reasonably attributable to the employment exposure.
The court held that where constant inhalation of dust and fumes at work directly contributes to the acceleration or aggravation of a pre-existing disease, the claimant is entitled to workers' compensation for that proportion of the aggravation reasonably attributable to the workplace exposure, even though the workplace exposure was not the sole cause of the disability.
[1] Where the constant inhalation of dust and fumes directly contributes to the acceleration or aggravation of a pre-existing disease, the claimant has suffered an injury "by…
[2] The cumulative effect of inhaling dust and fumes, to which a claimant is peculiarly susceptible, can constitute an "accident" for workers' compensation purposes if it acc…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the fundamentally accidental nature of the injury is not altered by the fact that, instead of a single occurrence, it is the cumulative effect of the inhalation of dust and fumes to which a claimant is peculiarly susceptible that accelerates a claimant's pre-existing disability.”
Establishes the legal standard that cumulative workplace exposure causing aggravation of pre-existing disease is compensable as an 'accident'
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceQuincy Hilton worked for over 33 years while smoking cigarettes, developing emphysema from the smoking. At work, he inhaled masonite dust, which aggra…
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MILLS, Chief Judge.
Claimant in a workers’ compensation proceeding appeals the determination by the Judge of Industrial Claims that he “failed to show by competent substantial evidence that any of his permanent disability is caused by an employment related accident.” We reverse.
The record reveals and the JIC found that Quincy Hilton, the claimant, had contracted emphysema, that the emphysema had been caused by his thirty-three years of smoking cigarettes, and that the pre-exist-ing emphysema had been aggravated by his inhaling of masonite dust at his employment. Furthermore, the order stated that Hilton had a 75 percent permanent partial disability as a whole because of the emphysema and that though the doctor whose opinion was accepted by the JIC had declined to assign any of the disability to the inhalation of the masonite dust, that doctor was of the opinion that the masonite dust was a contributing factor to the disability along with other irritating agents.
The findings of fact set forth in the preceding paragraph lead inexorably to the conclusion that Hilton did establish that some of his permanent disability was caused by an employment related accident as accident was defined by the Florida Supreme Court in Czepial v. Krohne Roofing Company, 93 So. 2d 84 (Fla.1957). There the court specifically ruled that where the constant inhalation of dust and fumes directly contributes to the acceleration or aggravation of a pre-existing disease, the claimant has suffered an injury “by accident” for which compensation is due even though the inhalation of dust and fumes was not the sole cause of his disability. Specifically agreeing with cases from other jurisdictions, the Supreme Court held that:
. . the fundamentally accidental nature of the injury is not altered by the fact that, instead of a single occurrence, it is the cumulative effect of the inhalation of dust and fumes to which a claimant is peculiarly susceptible that accelerates a claimant’s pre-existing disability.” We hold that the claimant here, Quincy Hilton, is entitled to an award of compensation for that proportion of the aggravation of his emphysema that is reasonably attributable to his inhalation of masonite dust in the course of his employment. Accordingly, we reverse and remand with directions that the Deputy Commissioner enter an appropriate compensation order consistent with this opinion, taking additional testimony or other evidence if necessary. In addition, the denial of attorney’s fees by the JIC is reversed and remanded for reconsideration in light of this opinion.
ERVIN and SHIVERS, JJ., concur.
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Citator
Cited By
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Wolbert v. Warren, 444 So. 2d 511 (Fla. 1st DCA 1984)…ohne Roofing Company, 93 So. 2d 84 (Fla.1957) (aggravation or acceleration of a pre-exist-ing plumonary tuberculosis condition by exposure to tar fumes and dust amounted to an “accident” for Chapter 440 purposes); Hilton v. Guerdon Industries, Inc., 382 So. 2d 134 (Fla. 1st DCA 1980) (aggravation of claimant’s emphysema by exposure to dust at work was compensable). In view of the above authorities, I find no justification to impose standards uniquely applicable to internal failure to a case such as this simpl…
Authorities Cited
- Czepial v. Krohne Roofing Co., 93 So. 2d 84 (Fla. 1957)