CITY OF JACKSONVILLE POLICE DEPARTMENT AND CONTINENTAL NATIONAL AMERICAN GROUP, PETITIONERS,
v.
CECIL E. HOBBS AND FLORIDA DEPARTMENT OF COMMERCE, INDUSTRIAL RELATIONS COMMISSION, RESPONDENTS

Fla. | 1971-03-24
No. 39915
ROBERTS, C. J., and ERVIN, ADKINS and BOYD, JJ., concur.
246 So. 2d 561 Florida Supreme Court (1971) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

In this workers' compensation case, the Florida Supreme Court reversed the Industrial Relations Commission's award to a police officer claiming that a work-related automobile accident in January 1968 caused rhabdomyosarcoma (a rare malignant tumor) that appeared about thirteen months later. The Court held that the claimant failed to establish the required causal connection between the accident and the cancer through competent, substantial evidence.


Holding

The Court held that the judgment awarding compensation was not supported by competent, substantial evidence of a causal connection. Clear evidence rather than speculation or conjecture is required to establish causation in workers' compensation cases. The unexplained five-month pain-free period, the subsequent months of occasional aches, the rapid growth characteristics of rhabdomyosarcoma, and the thirteen-month lapse between accident and diagnosis all undermine any causal connection despite the physicians' inability to absolutely deny one.


Headnotes

[1] A causal connection between a claimant's injury and employment must be established by clear evidence, not speculation or conjecture.

[2] A claimant's testimony regarding pain and discomfort following an accident must be reconciled with medical testimony regarding the nature and progression of a diagnosed c…

Previewing 2 of 5 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

Key Quotes

“There must be some clear evidence rather than speculation or conjecture establishing a causal connection between a claimant's injury and her [his] employment.”

The governing legal standard for establishing causation in workers' compensation cases.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

In January 1968, police officer Hobbs was involved in a car accident while driving a police vehicle, sustaining a blow to his left leg (a 'Charley hor…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
CARLTON, Justice.

CARLTON, Justice.

In this workman’s compensation case, we are primarily concerned with an alleged connection between injuries to a claimant’s left leg sustained in a work-related accident, and an outbreak of cancer in that leg approximately thirteen months thereafter. In January 1968, respondent-claimant Hobbs was driving a police car when he was involved in an accident with another car at an intersection. As claimant lurched forward on impact, his left leg hit the left front door. Claimant reported to the investigating officer that he was experiencing pain in his left knee and his left thigh. No injuries were visible; the pain was in the nature of a “Charley horse.” No medical treatment was sought.

The claimant testified below that his pains disappeared within two weeks after the accident. He said that about five months later, he began to experience aches in his thigh whenever he had been standing for a considerable period of time, such as when he played golf. He further testified that a noticeable swelling of his left thigh appeared in November and that his discomforture increased steadily until he consulted physicians in February 1969.

His first treating physician diagnosed that a blood clot was possibly the cause of the discomfort. The rest and medication prescribed failed to effect a cure. Claimant was then referred to Dr. George Fipp, an orthopedist. This latter physician tentatively diagnosed a soft tissue tumor in the left thigh; a biopsy confirmed that claimant was afflicted with rhabdomyosarcoma, a form of malignant tumor of a striated muscle. The left leg was amputated by Dr. Fipp and a claim for compensation was lodged below.

The claimant’s theory was that the accident of January 1968, had given rise to an incipient tumor which did not manifest itself until February 1969, or later. The employer and its carrier defended on the grounds that the tumor was not causally related to the accident; that proper medi*562cal reports were not filed; that the employer and carrier had no notice of injury; and, that the medical treatment was unauthorized and not properly the responsibility of the employer or carrier.

After considering the testimony and depositions entered below, the Judge of Industrial Claims determined that the claim was valid. It was also determined that defects in notification and in the filing of reports was not a bar to the claim since the manifestations of the disease were not discoverable until February 1969. The Full Commission majority affirmed on the principle that it would not substitute its judgment for that of the Judge below. But the dissenting Commission Member strongly urged that the judgment affirmed by the majority was not supported by competent, substantial evidence.

We are in agreement with the dissenting Commission Member. The judgment that the accident of January 26, 1968, was causally related to the onset of rhabdomy-osarcoma was not supported by competent, substantial evidence. In Harris v. Josephs of Greater Miami, Inc., 122 So.2d 561, 562 (Fla.1960), we stated the rule applicable today: “There must be some clear evidence rather than speculation or conjecture establishing a causal connection between a claimant’s injury and her [his] employment.”

Rhabdomyosarcoma is a rare form of cancer about which little is known except that it progresses rapidly. Dr. Ashbel C. Williams, a cancer specialist, was a consultant called into the case by the Hobbs family. In Dr. Williams’ deposition, he responded to the question whether trauma sustained as the result of the accident could have caused the disease.

“My opinion would be that it probably did not have any relationship to the onset of the malignant tumor. However that again is a matter of conjecture and there is no way in the world to prove it, one way or the other.”

Dr. Fipp, when given similar questions, gave the same answer. We offer these examples :

“Mr. Robinson: ‘With respect to the mass that you found in Mr. Hobbs, do you have an opinion as to its cause, the cause of this mass ?’
“Dr. Fipp: T don’t know what caused this tumor.’ ”
‡ % ‡ ‡ ■%.
“Mr. Robison: T take it you don’t connect the tumor with the accident that the man related to you as far as causal connection goes ?’
“Dr. Fipp: ‘Correct.’”

The Judge of Industrial Claims was aware of this testimony, but he was persuaded that it did not conclusively rule out any causal relationship because the physicians could not in conscience make an absolute statement that no relationship was possible, no cause being known to medical science. Note, for instance, that on cross-examination by claimant’s counsel this exchange occurred:

“Mr. Cuddy: ‘While you don’t causally connect the tumor with the accident, Doctor, do you feel that in light of your previous statement that you don’t know and it is not known what causes cancer, that it is also correct that you can’t causally not connect the turner with the accident?’
“Dr. Fipp: ‘That’s correct.’ ”

Although Drs. Fipp and Williams could not absolutely deny a causal relation, the tenor of their commentary clearly demonstrated that they consistently lent little credence to the causal connection idea. Moreover, they succeeded in raising barriers to claimant’s theory which were not overcome by competent, substantial evidence. Mr. Hobbs said that his knee and thigh were sore for about two weeks after the accident, but that he felt no further *563discomfort for five months. In early summer, he began to have aches if on his feet for a long time. By November he thought swelling had occurred; the tumor was not noticeable to physicians until February. Dr. Fipp described the two-week period following the accident as consistent with the “Charley horse” type of bruise sustained on impact. But Dr. Fipp and Dr. Williams could not reconcile the admitted five-month pain-free period and the subsequent period of several months of occasional aches, with the cancer. Dr. Fipp in his deposition stated that no interim period was known between the onset of cancer for whatever reason and its detectable stages. He also stated that a characteristic of rhabdomyosarcoma was rapid growth and that it would be readily detectable within a matter of weeks. Dr. Williams said that the longer the lapse between the time of the accident and the time of the appearance of the tumor, the less significant any possible connection would become. As to Mr. Hobbs’ case, Dr. Williams said: “That’s quite a long lapse [13 months], I think, to be significant as to trauma being the cause.”

In future times, when our science has searched out the causes of rhabdomyosar-coma, or when a causal connection can be made to appear, a similar case might lead to a different result. But considering that Drs. Fipp and Williams were the only physicians heard from below, we cannot say that under the facts of this case, a judgment for the claimant is supported by that quality of evidence required under all workmen’s compensation cases by U. S. Casualty Co. v. Maryland Casualty Co., 55 So.2d 741 (Fla.1951).

Accordingly, certiorari is granted, the order reviewed is quashed and the cause is dismissed.

It is so ordered.

ROBERTS, C. J., and ERVIN, ADKINS and BOYD, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Munroe Mem'l Hosp. & All Risk Corp. of Fla. v. Thompson, 388 So. 2d 1338 (Fla. 1st DCA 1980)
    …notice, reversal would still be required because there is no competent substantial evidence showing a causal connection between the claimant’s work-related accident and her later physical disabilities. See City of Jacksonville Police Dept. v. Hobbs, 246 So. 2d 561-62 (Fla.1971). One doctor could not state the cause of the claimant’s knee condition, while the testimony of another doctor in this respect has no probative value because it was not based on facts supported by the evidence. See Geiger Distributors I…
  • …the gap between the infection and the accident could only be bridged by speculation and conjecture. Causal relationship must be supported by competent and. substantial evidence, not mere speculation. City of Jacksonville Police Department v. Hobbs, 246 So. 2d 561 (Fla.1971); Simmons v. Stanley, 197 So. 2d 514 (Fla.1967). REVERSED and REMANDED for reconsideration consistent with this opinion. McCORD and SHIVERS, JJ., concur.…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw