RICHARD C. WALLEN, APPELLANT,
v.
SALON OF MUSIC, INC., AND SHELBY MUTUAL INSURANCE COMPANY, APPELLEES
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A workers' compensation appeal in which the Florida District Court of Appeal reversed a deputy commissioner's denial of benefits for a heart attack suffered by an employee who was already temporarily disabled from a prior work-related back and hip injury. The court held that the employee met his burden of proving causation through competent medical testimony that workplace stress likely contributed to the heart attack.
The court reversed the deputy commissioner's order, holding that the employee met his burden of proof to show the heart attack should be deemed compensable. The medical testimony of the two cardiologists that workplace stress could have contributed to the heart attack, when accepted by the deputy commissioner, constituted competent substantial evidence of causal relationship.
[1] A pre-existing condition that becomes symptomatic as a probable result of a work-related accident is compensable.
[2] When medical experts testify that increased stress from a compensable accident could have contributed to a claimant's heart attack, this constitutes competent substantial…
Previewing 2 of 3 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“a pre-existing condition which becomes symptomatic as the probable result of an accident is compensable”
Establishes the legal principle that pre-existing conditions aggravated by workplace incidents may be compensable
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Join FLexlaw to unlock all legal intelligenceIn September 1979, appellant Wallen suffered a work-related back and hip injury. Approximately eight months later, while still temporarily totally dis…
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McCORD, Judge.
Appellant appeals a workers’ compensation order ruling that his heart attack is not compensable. We reverse.
In September 1979, appellant injured his back and hip in a work-related accident. About eight months later, while he was still temporarily totally disabled from that accident, he suffered a heart attack. The deputy commissioner based his finding that the heart attack was noncompensable on the deposition testimony of Dr. Gerard and the testimony of Dr. Ray, both of whom are internists and cardiologists. Both doctors testified in essence that, although appellant had pre-existing atherosclerosis, within a reasonable degree of medical certainty the increased anxiety which appellant suffered as a result of the accident could have contributed to the onset of his heart attack. In denying the claim the deputy commissioner stated:
I accept the opinion of Dr. Gerard and of Dr. Ray that the additional stress from the compensable accident could have contributed to the myocardial infarction suffered by the claimant, but I do not feel there is competent substantial evidence to indicate that this probable additional stress did in fact contribute to the myocardial infarction suffered by the claimant.
We find that the deputy commissioner placed too great a burden of proof as to causation upon appellant.
In Reynolds v. Whitney Tank Lines, 279 So. 2d 293 (Fla.1973), the Industrial Relations Commission had found that the causal relationship between an accident and the claimant’s heart attack was not established by competent substantial evidence because the doctor in that case “did not unequivoca-bly testify that within a reasonable medical probability that either of the accidents caused the myocardial infarction.” The Commission went on to say that “[T]he only evidence in support of the Judge of Industrial Claims’ ruling in the instant case was that of Dr. Armstrong who merely attributed claimant’s myocardial infarction to both his prior accidents and named other causative factors.” Dr. Armstrong’s testimony was in part as follows:
I feel that there is absolute medical certainty that this triggered the acute phase of his respiratory disease as it is a well-known fact that the wheezing associated with obstructive pulmonary disease is frequently emotionally induced. It is equally well known that heart attacks are stress related. .. . The doctor went on to testify that he felt there was a connection between the accidents and the claimant’s heart attack; that the stress the claimant had suffered in his accidents triggered wheezing responses that “tipped him over into having overt manifestations of the obstructive disease.” The Supreme Court reversed the Commission’s ruling, stating:
We have recited the testimony and report of Dr. Armstrong on this issue and it is our opinion that this evidence, coupled with the testimony of claimant and his wife to the effect that claimant became increasingly nervous and began to suffer shortness of breath after the second accident, constitute competent substantial evidence of causal relationship ....
As in Reynolds, the instant case contains competent, substantial evidence, based on the testimony of Drs. Gerard and Ray, to support a finding that the heart attack was compensable. Compare also Vyajkora v. Farm Stores, 378 So. 2d 889 (Fla. 1st DCA 1979), in which this Court stated:
Concededly, the accident did not cause the dry eye syndrome, nor was there any way to know if the accident precipitated the injury or whether the accident and injury were coincidental .. . However, a pre-existing condition which becomes symptomatic as the probable result of an accident is compensable. (Emphasis supplied.)
In light of the above cases and because the deputy commissioner specifically accepted the opinions of Drs. Gerard and Ray on the heart attack compensability question, we hold that appellant has met his burden of proof to show that his heart attack should be deemed compensable.
Reversed and remanded for further proceedings consistent with this opinion.
ERVIN and JOANOS, JJ., concur.
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Citator
Cited By
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Mangold v. Rainforest Golf Sports Ctr. & Executive Risk Consultants, Inc., 675 So. 2d 639 (Fla. 1st DCA 1996)…howing that the work-related injury was the actual, as opposed to a possible, cause of a subsequent heart attack was too burdensome, and that compensability depends merely upon a showing of a causal connection. Wallen v. Salon [*642] of Music, Inc., 418 So. 2d 421 (Fla. 1st DCA 1982). Thus, the “major contributing cause” standard of section 440.09(1), Florida Statutes (Supp.1994) is entirely new. Therefore, the new evidentiary standard under the statute that went into effect on January 1, 1994 is not, as the…
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Popiel v. Broward Cnty. Sch. Bd. & Gallagher-Bassett Ins. Serv., 432 So. 2d 1374 (Fla. 1st DCA 1983)…es, however, finds compensability where an employee is injured in an identifiable accident which either immediately or subsequently results in a heart attack. Reynolds v. Whitney Tank Lines, 279 So. 2d 293 (Fla.1973); Wallen v. Salon of Music, Inc., 418 So. 2d 421 (Fla. 1st DCA 1982); Lone Star of Florida v. Rodriguez, 416 So. 2d 859 (Fla. 1st DCA 1982). Reynolds holds that in those situations where the claimant is injured in an identifiable accident, there is no requirement that the claimant must be under un…
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Broadfoot v. Albert Hugo Ass'n, Inc., 478 So. 2d 863 (Fla. 1st DCA 1985)…, 408 So. 2d at 792, this court held that a doctor’s testimony that a certain event “could have triggered” McCall’s chest pains and myocardial infarction constituted sufficient evidence of medical causation. See also, Wallen v. Salon of Music, Inc., 418 So. 2d 421 (Fla. 1st DCA 1982). For the foregoing reasons, we reverse and remand to' the deputy for further consideration in the light of this opinion, and for the entry of an order meeting the requirements of law. See Horse Haven v. Willit, 438 So. 2d 123 (F…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Reynolds v. Lines, 279 So. 2d 293 (Fla. 1973)
- Vyajkora v. Farm Stores & Emps. Ins. of Wausau, 378 So. 2d 889 (Fla. 1st DCA 1979)