ARMOUR AND COMPANY, APPELLANT,
v.
JIMMY LEE CANNON, APPELLEE
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Florida appellate court affirmed a worker's compensation award for a heart attack sustained by a forklift operator reassigned to strenuous truck driving duties, holding that the heart attack was caused by specifically identifiable physical exertion not routine to the claimant's prior job.
A heart attack is compensable under worker's compensation when caused by specifically identifiable strenuous physical exertion not routine to the claimant's prior job duties.
[1] A heart attack is compensable under worker's compensation when caused by specifically identifiable physical exertion not routine to the claimant's prior job duties, disti…
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Join FLexlaw to unlock all legal intelligenceAfter over two years as a forklift operator, the claimant was reassigned to local truck driving requiring him to unload approximately 20,000 pounds of…
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WENTWORTH, Judge.
The self-insured employer appeals a worker’s compensation order finding that the claimant sustained a compensable heart attack, and we affirm. After over two years as a forklift operator in the warehouse, claimant was given new job duties as a local truck driver. It is uncontroverted that these new duties involved much more strenuous physical labor; for example, claimant was required to personally unload, without assistance, approximately 20,000 pounds of meat daily. After several weeks of this activity, claimant began to notice some chest discomfort and sustained a heart attack within three months, which manifested while claimant was unloading a 65 pound box of meat. The record provides competent substantial evidence to support the conclusion that claimant’s heart attack was caused by this physical activity, and the judge of industrial claims properly found the claimant’s heart attack compensable as the result of a specifically identifiable effort not routine to the claimant’s job. See Victor Wine & Liquor v. Beasley, 141 So. 2d 581 (Fla.1962); Nationwide Utilities v. Hord, IRC Order 2-3746 (March 23, 1979), cert. denied, 381 So. 2d 768 (Fla.App.) (Fla.1980). The present case is unlike Richard’s Department Store v. Donin, 365 So. 2d 385 (Fla.1978), which involved emotional stress without physical exertion.
Accordingly, the order appealed is affirmed.
ROBERT P. SMITH, Jr. and ERVIN, JJ., concur.
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Citator
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Skinner v. First Fla. Bldg. Corp. & U.S. Fid. & Guar. Co., 490 So. 2d 1367 (Fla. 1st DCA 1986)…ich he had been hired” at the time of his accident. In so holding, the deputy analogized this case to the circumstances in Fort Lauderdale Transit Lines v. Bass, 206 So. 2d 390 (FIa.1968), and distinguished the case of Armour and Company v. Cannon, 384 So. 2d 264 (Fla. 1st DCA 1980), relied on by claimants. Claimants now argue that Bass is not analogous since it did not utilize the “clear-cut interpretation” of Victor Wine that was subsequently adopted by the Industrial Relations Commission in Ward v. Regenc…
Authorities Cited
- Victor Wine & Liquor, Inc. v. Beasley, 141 So. 2d 581 (Fla. 1961)
- Richards Dep't Store v. Donin, 365 So. 2d 385 (Fla. 1978)