KEITH BERKLY HODGEN, DECEASED EMPLOYEE; MARGARET HODGEN, INDIVIDUALLY, AND AS MOTHER AND NATURAL GUARDIAN OF THE MINOR CHILDREN, APPELLANTS,
v.
BURNUP & SIMS ENGINEERING AND CRAWFORD & COMPANY, APPELLEES
MILLS, Judge.
In this workers’ compensation appeal, Mrs. Hodgen contends that her husband’s fatal heart attack should have been compensable as an occupational disease pursuant to Section 440.151, Florida Statutes (1981). We decline to follow that line of reasoning and affirm.
Though there was evidence that Mr. Hodgen had undergone some unusual emotional stress, there was no evidence that the heart attack was due to any unusual physical exertion. Emotional strain alone is not sufficient to establish a causal connection between employment and heart failure. Richard E. Mosca & Co., Inc. v. Mosca, 362 So. 2d 1340 (Fla.1978); City of Miami v. Rosenberg, 396 So. 2d 163 (Fla.1981).
AFFIRMED.
ERVIN and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Zundell v. Dade Cnty. Sch. Bd., 636 So. 2d 8 (Fla. 1994)…nt with our views here, including the following specifically cited by the court below: City of Opa Locka v. Quinlan, 451 So. 2d 965 (Fla. 1st DCA 1984); Diaz v. City of Miami, 427 So. 2d 1085 (Fla. 1st DCA 1983); Hodgen v. Burnup & Sims Engineering, 420 So. 2d 885 (Fla. 1st DCA 1982). . University of Florida v. Massie, 602 So. 2d 516, 526 (Fla.1992), for example, involved a serious preexisting condition, multiple sclerosis. That fact alone distinguishes it from the instant case. . There obviously are other…
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Zundell v. Dade Cnty. Sch. Bd. & Gallagher Bassett Servs., Inc., 609 So. 2d 1367 (Fla. 1st DCA 1992)…ous cases where there is no mention of a preex [*1371] isting condition. See, e.g., Diaz v. City of Miami, 427 So. 2d 1085 (Fla. 1st DCA 1983); City of Opa Locka v. Quinlan, 451 So. 2d 965 (Fla. 1st DCA 1984); Hodgen v. Burnup and Simms Engineering, 420 So. 2d 885 (Fla. 1st DCA 1982). In City of Opa Locka and Diaz, while the facts surrounding the incident are recited, there is no mention of any preexisting condition. In those cases and in Hodgen, the general rule is restated: Emotional strain alone is not suf…
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Diaz v. City OF Miami, 427 So. 2d 1085 (Fla. 1st DCA 1983)…strain alone is not sufficient to establish a causal connection between employment and internal failures of the cardiovascular system such as the ones here. City of Miami v. Rosenberg, 396 So. 2d 163 (Fla.1981); Hodgen v. Burnup & Sims Engineering, 420 So. 2d 885 (Fla. 1st DCA 1982). AFFIRMED. ERVIN, J. and AGNER, ROYCE (Associate Judge), concur.…
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- Richard E. Mosca & Co., Inc. v. Mosca, 362 So. 2d 1340 (Fla. 1978)
- City OF Miami v. Montague Rosenberg, 396 So. 2d 163 (Fla. 1981)