VILOUS BAKER, APPELLANT,
v.
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS, AND GALLAGER BASSETT INSURANCE SERVICE, APPELLEES

Fla. 1st DCA | 1981-06-01
No. WW-42
SHIVERS and WENTWORTH, JJ., and WOODIE A. LILES (Ret.), Associate Judge, concur.
399 So. 2d 400 Florida District Court of Appeal, First District (1981)

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Synopsis

A road-grader operator with diabetes suffered severe burns from battery-operated thermal socks worn to prevent cold-related injuries while working in extreme winter weather. The court reversed the workers' compensation board's denial, holding that the injury arose out of the employment because the claimant's need for warmth was a natural consequence of outdoor work and furthered the employer's interest in productivity.


Holding

The court held that the injury arose out of the employment because claimant's need to maintain warmth was a natural consequence of his outdoor work duties, the injury did not occur as a result of an inherently dangerous instrumentality or prohibited activity, and maintaining personal comfort through warmth furthered the employer's interest in employee productivity.


Headnotes

[1] An injury sustained by an employee while furthering personal comfort is not defeated from workers' compensation compensability.

[2] An employee's injury may arise out of employment when it is a natural consequence of the employment or originates in work connected with the employment.

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Key Quotes

“to be compensable the injury must have originated in some work connected with the employment, or have occurred as a natural consequence of the employment; i. e., there must be a contributing employment cause.”

Establishes the legal standard for workers' compensation: injury must have a work-related origin or be a natural consequence of employment

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Facts & Procedural History

Claimant, a road-grader operator with diminished foot sensitivity due to diabetes, previously lost part of his big toe to employment-related frostbite…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Claimant appeals a workers’ compensation order denying his claim for benefits. We disagree with the deputy’s conclusion that the cause of claimant’s injury “was extraneous to the employment,” with no “contributing employment condition or circumstance,” and reverse the order appealed.

The claimant is a road-grader operator whose work requires exposure to the weather. Because of a diabetic condition, claimant has a diminished sensitivity in his feet. After losing a portion of his big toe due to an employment-related frostbite, claimant was advised by his physician to take precautions against further exposure to the cold, and expressly instructed to keep his feet warm. As his employer was aware, claimant subsequently began wearing battery operated socks in extremely cold weather. While wearing such socks in February of 1979, claimant sustained severe burns on the bottom of his feet, resulting in gangrene and requiring the amputation of a portion of one foot.

The evidence clearly showed that the burns were occasioned by the wearing of the electrical socks, but did not specifically establish that the heating mechanism had malfunctioned. Although claimant was outdoors during only a portion of the day of his injury, the weather was so severe as to require his wearing thermal underwear, insulated coveralls, his regular work clothes, and a jacket as well as the electrical socks.

The time, place, and circumstances of claimant’s injury establish that it occurred in the course of employment, and the issue on appeal is whether it arose out of the employment. In this regard, to be compensable the injury must have originated in some work connected with the employment, or have occurred as a natural consequence of the employment; i. e., there must be a contributing employment cause. See Southern Bell Telephone and Telegraph Co. v. McCook, 355 So. 2d 1166 (Fla.1977); Suniland Toys and Juvenile Furniture, Inc. v. Karnes, 148 So. 2d 523 (Fla.1963).

However, compensability is not defeated by the fact that an injury is sustained while an employee is furthering his personal comfort. See Cunningham v. Scotty Home Builders, 9 FCR 1 (1973), cert. denied, 307 So. 2d 182 (Fla.1974); Jim Jernigan’s Studio v. Hopewell, 7 FCR 38 (1972); cf., McCook. In the present case, claimant’s employment required his exposure to cold weather and, contrary to the deputy’s conclusion, the employer’s interest may reasonably be regarded as furthered by increased productivity from personal comfort activity such as claimant’s maintaining warmth by wearing the electrical socks. Cf., Cunningham, supra (compensability of a refreshment break injury).

We note that the present ease does not involve an inherently dangerous instrumentality or activity or other circumstances to indicate either express or implied prohibition by the employer. See A. Larson, Workmen's Compensation Law, §§ 21.51, 21.80,21.84 (Vol. 1A 1980). Claimant’s injury was thus not wholly extraneous to the employment, and the contributing employment conditions and circumstances render the injury one which arose out of the employment.

The order appealed is reversed and the cause is remanded for further proceedings.

SHIVERS and WENTWORTH, JJ., and WOODIE A. LILES (Ret.), Associate Judge, concur.


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