OSCEOLA COUNTY COMMISSIONERS AND U.S. FIDELITY & GUARANTY COMPANY, APPELLANTS,
v.
DEA B. HAND, APPELLEE
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In this workers' compensation case, the Florida District Court of Appeal reversed an award of permanent total disability benefits to an employee who suffered a compression fracture, holding that the deputy commissioner erred by finding a causal connection to employment without the required medical testimony establishing causation based on reasonable medical probability.
The court reversed the award because the deputy commissioner lacked the requisite medical testimony establishing, based on reasonable medical probability, that the compression fracture was causally connected to Hand's employment. For non-readily observable injuries requiring medical examination, proof of causation must be supported by medical testimony based on reasonable medical probability.
[1] A workers' compensation award for permanent total disability benefits must be reversed when the deputy commissioner finds an injury causally connected to employment witho…
[2] For medical conditions not readily observable without examination, proof of causation in a workers' compensation claim requires expert medical testimony.
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“Before benefits are awarded, there must be a showing that the injury is causally connected to the employment. For conditions not readily observable or discoverable without medical examination, proof of causation requires medical testimony, based on reasonable medical probability, that the injury is causally connected to the claimant's employment.”
Establishes the legal standard requiring medical testimony for causation in workers' compensation cases involving non-observable injuries
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDea Hand worked for the Osceola County property appraiser. On November 11, 1980, she felt back pain while lifting plastic maps at work. X-rays showed …
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MILLS, Judge.
In this workers’ compensation action, the employer/carrier appeal from an order awarding Hand permanent total disability benefits. We agree with the employer/carrier’s contention that the deputy commissioner erred in finding Hand’s injury causally connected to her employment and therefore reverse.
Hand worked for the Osceola County property appraiser. On 11 November 1980, Hand was at work lifting plastic maps when she felt pain in her back. Soon after this accident, Hand saw Dr. Perez, a general practitioner. On 13 November 1980, Dr. Perez had x-rays taken of Hand’s spine. The x-rays showed osteoporosis and scoliosis, but no fractures. Dr. Perez diagnosed lumbar sprain and prescribed medication.
By 1 December 1980, Hand had returned to work. She continued to work until 18 May 1981. On that date, she was at work, opening the bottom drawer of a file cabinet, when her back started hurting again. The next day, Hand returned to Dr. Perez complaining of pain in the lower back.
Dr. Perez had x-rays taken on 1 June 1981. In contrast to the x-rays taken in November 1980, these x-rays showed a compression fracture of a vertebra. Dr. Perez referred Hand to Dr. Schroeder, an orthopedist.
Dr. Schroeder also took x-rays and noted the compression fracture. He testified that in his opinion, based on reasonable medical probability, the compression fracture occurred in May 1981. But Dr. Schroeder also testified, based on reasonable medical probability, that the compression fracture was not work related.
Another orthopedist, Dr. Pearson, also saw Hand. Dr. Pearson agreed Hand sustained a compression fracture, but was unable to testify, based on reasonable medical probability, that the compression fracture was causally connected to Hand’s employment.
Despite the absence of medical testimony concerning causation, the deputy found the compression fracture resulted from an industrial accident on 18 May 1981. The deputy further found Hand suffered permanent impairment caused by the compression fracture and based the permanent total disability award thereon.
Before benefits are awarded, there must be a showing that the injury is causally connected to the employment. For conditions not readily observable or discoverable without medical examination, proof of causation requires medical testimony, based on reasonable medical probability, that the injury is causally connected to the claimant’s employment. Metric Constructors, Inc. v. Chiles, 429 So. 2d 1292 (Fla. 1st DCA 1983); Turner v. Harmon, 438 So. 2d 1030 (Fla. 1st DCA 1983).
In the case before us, the deputy related the compression fracture to Hand’s employment without the requisite medical testimony. The award of benefits must therefore be reversed. Of course, the award of costs and attorney’s fees to the claimant must also be reversed. We need not reach the other issues raised on appeal.
REVERSED.
SHIVERS and WIGGINTON, JJ., concur.
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Holiday Foliage & Crawford & Co., Inc. v. Anderson, 642 So. 2d 94 (Fla. 1st DCA 1994)…he claimant, but it is insufficient as to conditions which are not readily observable, such as blood pressure and soft tissue injuries. Peters v. Armellini Express Lines, 527 So. 2d 266, 269 (Fla. 1st DCA 1988); Osceola County Commissioners v. Hand, 458 So. 2d 1134, 1135 (Fla. 1st DCA 1984); Decks, Inc. v. Wright, 389 So. 2d 1074, 1076 (Fla. 1st DCA 1980). See also Teleflex, Inc. v. Arndts, 499 So. 2d 45, 46 (Fla. 1st DCA 1986). In the instant case, ambiguous and conflicting medical evidence was introduced wi…
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Authorities Cited
- Metric Constructors, Inc. v. Earnest Chiles, 429 So. 2d 1292 (Fla. 1st DCA 1983)
- State v. Campbell, 438 So. 2d 1030 (Fla. 1st DCA 1983)
- Turner v. Waydean D. Harmon, 438 So. 2d 1030 (Fla. 1st DCA 1983)