DADE COUNTY SCHOOL BOARD AND GALLAGHER BASSETT INSURANCE SERVICE, APPELLANTS,
v.
JAMES ALBERT, APPELLEE

Fla. 1st DCA | 1983-10-11
No. AQ-447
ROBERT P. SMITH, Jr., BOOTH and WIGGINTON JJ. concur
438 So. 2d 990 Florida District Court of Appeal, First District (1983) Negative Treatment
Cited by 4 cases

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Synopsis

The Florida District Court of Appeal reviewed a workers' compensation case where a deputy commissioner found an asbestos installer employed by Dade County School Board suffered a compensable occupational disease. The court affirmed the compensability determination but reversed the penalty award and remanded for additional evidence on past medical bills.


Holding

The court affirmed the determination of compensability under the exposure theory of accident, as there was competent substantial evidence that materials caused or aggravated the claimant's condition. The court reversed the penalty award, which the appellee conceded was error, and remanded the matter to allow the claimant to submit medical bills into evidence to support the past medical benefits award.


Headnotes

[1] A delay between a hearing and the entry of an order is not prejudicial under the "staleness" concept if the delay does not negatively impact the case.

[2] A determination of compensability for an occupational disease is supported by competent, substantial evidence if the claimant's exposure to materials either caused or agg…

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Key Quotes

“we find that there is competent, substantial evidence to support the deputy's determination of compensability under the exposure theory of accident discussed in Festa v. Teleflex, Inc., 382 So.2d 122 (Fla. 1st DCA 1980). The materials to which claimant was exposed either caused or, at the least, aggravated his condition.”

Establishes the legal standard for compensability under the exposure theory and the court's finding of sufficient evidence to support the deputy commissioner's decision.

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Facts & Procedural History

James Albert worked as an asbestos installer for the Dade County School Board and was exposed to asbestos materials in July 1979. The exposure caused …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

In his order dated January 17, 1983, the deputy commissioner found that claimant’s claim was compensable1 and, among other things, awarded penalties and past2 and future medical benefits. That order was entered one year and four months following the date of hearing before the deputy commissioner. We reverse in part and affirm in part.

We do not condone the lapse of time between the hearing in this matter and the entry of the order appealed; however, we find that the delay in the context of this case was not prejudicial under the “staleness” concept enunciated by Justice England in his concurring opinion in Scottie-Croft Boat Corporation v. Smith, 336 So. 2d 1150 (Fla.1976).

Although we recognize that the order entered by the deputy commissioner is not a model of clarity as pertains to the basis upon which he found the claim compensable, we have reviewed the record on appeal and find that there is competent, substantial evidence to support the deputy’s determination of compensability under the exposure theory of accident3 discussed in Festa v. Teleflex, Inc., 382 So. 2d 122 (Fla. 1st DCA 1980). The materials to which claimant was exposed either caused or, at the least, aggravated his condition. Accordingly, the determination of compensability is affirmed.

Two contentions raised by appellants require reversal. First, appellee has conceded on appeal that the award of penalties was error; thus, that award is hereby reversed. Second, that portion of the order requiring the employer/carrier to reimburse the claimant for past medical bills is not supported by competent, substantial evidence because claimant failed to submit medical bills into evidence, apparently due to a misunderstanding between all concerned as to the scope of the hearing. The cause is accordingly remanded to the deputy commissioner to accord the claimant the opportunity to do so. In all other respects, the order appealed is affirmed,

ROBERT P. SMITH, Jr., BOOTH and WIGGINTON JJ. concur

. The deputy commissioner found, in pertinent part, as follows:

I find that the claimant has a permanent partial disability of the body as a whole of fifteen percent attributable only to the aggravation of his pulmonary condition caused by his job. I further find that the claimant, in his job of asbestos installer with the Dade County School Board, was subject to an exposure greater than that to which the ordinary public is subjected and, therefore, he has suffered an occupational disease and is entitled to workers’ compensation benefits. The deputy commissioner ordered, adjudged

and decreed, in pertinent part, that:

The claimant sustained an occupational disease exposure and said last injurious exposure was in July, 1979 with the Dade County School Board and was in the course and scope of employment and is compensable under the law.

. The deputy commissioner ordered the employer/carrier, among other things, to pay the claimant reimbursement for medical bills of Dr. Richard Goodman and Dr. Harvey Fleisher. . For a claimant to recover under the exposure theory of accident, he must show (1) a prolonged exposure, (2) the cumulative effect of which is injury or aggravation of a preexisting condition, and (3) that he has been subjected to a hazard greater than that to which the general public is exposed.


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Citator

Cited By

  • Harrington v. Vida Appliance Corp. & Gulf Ins. Co., 542 So. 2d 1006 (Fla. 1st DCA 1988)
    …ant was prejudiced thereby, we reverse and remand for a de novo hearing on all issues. Scottie-Craft Corporation v. Smith, 336 So. 2d 1150 (Fla.1976); Miller v. Oolite Industries, Inc., 336 So. 2d 1152 (Fla.1976); Dade County School Board v. Albert, 438 So. 2d 990 (Fla. 1st DCA 1983); Maddox v. Rinaldi’s Expressway Lanes, 459 So. 2d 421 (Fla. 1st DCA 1984). ERVIN, BOOTH and THOMPSON, JJ., concur.…
  • Metro. Dade Co. v. Moss, 568 So. 2d 492 (Fla. 1st DCA 1990)
    …t and remand for further proceedings. An order requiring the payment of past medical bills is not supported by competent substantial evidence when the claimant fails either to submit medical bills into evidence, Dade County School Board v. Albert, 438 So. 2d 990, 991 (Fla. 1st DCA 1983), or to introduce testimony as to the amount of the charges, Chase v. Henkel & McCoy, 562 So. 2d 831, 833 (Fla. 1st DCA 1990). In this case, neither the medical bills themselves, nor testimony as to their amount, appears in t…

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