STATE OF FLORIDA REAL ESTATE COMMISSION, APPELLANT,
v.
CHARLES E. FELIX, APPELLEE
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The Florida Real Estate Commission appeals a workers' compensation award to its staff attorney Charles Felix, who suffered a heart attack during a work-related trip. The appellate court reverses, finding the Deputy's findings insufficient under Florida law to establish compensability for the stress-related cardiac event.
The court reversed the workers' compensation award, holding that the Deputy's findings of fact were insufficient to meet the legal requirements established in Victor Wine & Liquor, Inc. v. Beasley, Tintera v. Armour & Co., and Richards Department Store v. Donin for establishing compensability of a stress-induced cardiac injury.
[1] A myocardial infarction caused by the overall stress of a job, rather than a specifically identifiable effort, may not be compensable under workers' compensation law.
[2] Workers' compensation law requires a showing of a specifically identifiable effort or incident to establish causation for a heart attack, absent which the claim may be di…
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“Although, I find there was no specifically identifiable effort which caused the heart attack, the overall stress of the trip over a several day period is sufficient to distinguish this case from the case of Richards Department Store v. Donin, 365 So. 2d 385 (Fla.1978).”
The Deputy's reasoning for finding compensability based on cumulative stress rather than a specific causative event
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCharles Felix was a staff attorney for the Florida Real Estate Commission who had previously suffered a heart attack in 1966 and underwent coronary by…
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PER CURIAM.
The employer appeals the order of the Judge of Industrial Claims awarding claimant temporary total disability benefits, permanent total disability benefits reduced by 50 percent as a result of a pre-existing condition, medical treatment, attorney fees and costs. Claimant cross-appeals that portion of the order which reduces by 50 percent his permanent total disability benefits.
Claimant is a member of the Florida Bar who practiced as a staff attorney for the Florida Real Estate Commission. He left private practice in 1966 after suffering a heart attack and underwent a coronary bypass operation in 1971. Thereafter, claimant sought less stressful employment, and took a position with the Commission. Beginning in January, 1976, claimant began working on “advance fee cases” and, in connection therewith, was required, during May, 1978, to schedule an estimated 20 depositions in 15 cities within a two-week period. During the second week of these depositions, claimant experienced chest pain and was hospitalized in Kentucky with a diagnosis of myocardial infarction which resulted in claimant’s claim for compensation due to a heart attack arising out of and in the course of his employment.
The Deputy’s order finding compensability is, in part, as follows:
I find that the myocardial infarction suffered by the claimant in May, 1978, was caused by the overall effects of the out-of-state trip as well as the stress of his job. Although, I find there was no specifically identifiable effort which caused the heart attack, the overall stress of the trip over a several day period is sufficient to distinguish this case from the case of Richards Department Store v. Donin, 365 So. 2d 385 (Fla.1978).
The foregoing findings are insufficient to meet the requirements of Victor Wine & Liquor, Inc. v. Beasley, 141 So. 2d 581 (Fla.1962), Tintera v. Armour & Co., 362 So. 2d 1344 (Fla.1978), and Richards Department Store v. Donin, 365 So. 2d 385 (Fla.1978).
Accordingly, the order below is REVERSED with directions that the claim be dismissed.
ROBERT P. SMITH, Jr., and SHAW, JJ., concur. BOOTH, J., dissents with opinion.
BOOTH, Judge,
dissenting.
I dissent from this court’s retention of jurisdiction in this case, which arose outside the territorial jurisdiction of the court. See Crews v. Town of Bay Harbor, 378 So. 2d 1265 (Fla. 1st DCA 1979).
On the merits, I would concur in the majority’s opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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City OF OPA Locka v. Quinlan, 451 So. 2d 965 (Fla. 1st DCA 1984)…ablish a causal connection between employment and heart failure. See also Hammersmith, Inc. v. Zanfardino, 425 So. 2d 80 (Fla. 1st DCA 1982); McCall v. Dick Burns, Inc., 408 So. 2d 787 (Fla. 1st DCA 1982); and State Real Estate Commission v. Felix, 383 So. 2d 941 (Fla. 1st DCA 1980). Appellee did not meet his burden, in this case, of showing that he had engaged in some non-routine physical effort at work which resulted in his heart attack. The duties performed by appellee during the several days preceding h…
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Fla. Real Est. Comm'n & Div. of Risk Mgmt. v. Felix, 413 So. 2d 832 (Fla. 1st DCA 1982)…MITH, Jr., Chief Judge. After we reversed a deputy’s compensation order and ordered this claim dismissed because the deputy found “there was no specifically identifiable effort which caused the heart attack,” State Real Estate Commission v. Felix, 383 So. 2d 941 (Fla. 1st DCA 1980), another deputy revisited the same record and declared the first to have been in error, that claimant’s infarction was in fact precipitated by an unusual employment-related exertion, and that claimant’s disability is compensable.…
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State v. Cole, 664 So. 2d 291 (Fla. 1st DCA 1995)…he employee was accustomed to performing.” Richards Dept. Store v. Donin, 365 So. 2d 385, 386 (Fla.1978). Job related stress unaccompanied by nonroutine physical effort will not support recovery. See State of Florida Real Estate Commission v. Felix, 383 So. 2d 941 (Fla. 1st DCA 1980) (attorney’s schedule requiring travel to 15 cities for 20 depositions within a two-week period insufficient to meet the Victor Wine “exertion” requirement); Hammersmith, Inc. v. Zanfardino, 425 So. 2d 80 (Fla. 1st DCA 1982) (aneu…
Authorities Cited
- Victor Wine & Liquor, Inc. v. Beasley, 141 So. 2d 581 (Fla. 1961)
- Emerson Crews v. Town OF BAY Harbor Islands & Metro. Dade Cnty. Self Ins. Fund, 378 So. 2d 1265 (Fla. 1st DCA 1979)
- Richards Dep't Store v. Donin, 365 So. 2d 385 (Fla. 1978)
- Tintera v. Armour & Co., 362 So. 2d 1344 (Fla. 1978)