EMMETT MASSIE, APPELLANT,
v.
UNIVERSITY OF FLORIDA AND DIVISION OF RISK MANAGEMENT, APPELLEES
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Emmett Massie appealed a workers' compensation order denying him permanent total disability (PTD) benefits for multiple sclerosis, claiming his job stress was an extraordinary occupational hazard. The court affirmed, holding that Massie failed to prove exposure to a hazard greater than that faced by the general public.
The court affirmed the workers' compensation order denying PTD benefits because Massie failed to prove that his job stress was a hazard greater than that to which the general public is exposed. Although unrefuted medical testimony established that stress could exacerbate multiple sclerosis, this alone does not satisfy the required element under Festa that the hazard be greater than that faced by the general public.
[1] To prove injury by repeated exposure in workers' compensation, a claimant must demonstrate prolonged exposure, a cumulative effect causing injury or aggravation of a pre-…
[2] A claimant seeking workers' compensation for an injury allegedly caused by job stress must prove that the stress constituted a hazard greater than that to which the gener…
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“Festa v. Teleflex, Inc., 382 So.2d 122 (Fla. 1st DCA 1980) established the factors necessary to prove injury by repeated exposure: (1) prolonged exposure, (2) the cumulative effect of which is injury or the aggravation of a pre-existing condition, and (3) the claimant is subject to a hazard greater than the general public.”
Establishes the legal standard for proving workers' compensation injury by repeated exposure.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMassie worked for the University of Florida and developed multiple sclerosis, which he claimed was aggravated or accelerated by job-related stress. Ma…
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MILLS, Judge.
Massie appeals from a workers’ compensation order finding that he is not entitled to PTD for his disabling condition of multiple sclerosis because there is no evidence that during his employment by the University of Florida he was exposed to hazards greater than those to which the public is generally exposed. We affirm.
Massie contends the evidence shows that his job subjected him to a greater than normal stress level and that his nondis-abling pre-existing multiple sclerosis was aggravated or accelerated by this factor which is peculiar to his employment by the University of Florida.
The University of Florida argues that the evidence shows that stress was not peculiar to Massie’s job and that generally job stress is not unusual.
Festa v. Teleflex, Inc., 382 So. 2d 122 (Fla. 1st DCA 1980) established the factors necessary to prove injury by repeated exposure: (1) prolonged exposure, (2) the cumulative effect of which is injury or the aggravation of a pre-existing condition, and (3) the claimant is subject to a hazard greater than the general public.
Massie argues that the deputy acted contrary to cumulative, uncontroverted evidence in finding that he had not shown exposure to an extraordinary hazard. The cases relied on by Massie to support this argument are ineffective in this case. McCandless v. M.M. Parrish Construction, 449 So. 2d 830 (Fla. 1st DCA 1984), stands for the proposition that “it is an abuse of discretion for the deputy to reject uncontroverted medical testimony without a reasonable explanation.” Weaver v. Gold Kist, Inc., 449 So. 2d 829 (Fla. 1st DCA 1984), held that “the deputy should offer a sufficient reason for rejecting expert medical testimony, especially if such testimony is unrefuted.” However, there was no medical testimony stating that Mas-sie’s job stress was an extraordinary hazard uncommon to the public in general. The medical testimony went primarily ^ to the element of causation, i.e., could the particular stress Massie underwent exacerbate his multiple sclerosis. Assuming that unrefuted medical testimony demonstrates that stress caused the exacerbation within a reasonable medical probability, that does not fulfill the required element that the stress was a “hazard greater than that to which the general public is exposed.” Fes-ta, supra.
The inquiry must be, therefore, whether there was competent substantial evidence to support the deputy’s finding that Massie failed to fulfill that element. There was. Massie’s job placement expert stated that stress was “inherent in technical areas” and that “stress at work causes everyone to have difficulties.” He further stated that “stress on the job is not unusual,” and that for engineers “stress was part of the normal responsibility” of the job. Massie offers no evidence to the contrary, saying only that the job stress at the University of Florida was greater than he had ever had in a job. This contention does not support a finding that the stress was greater than the general public had in jobs, especially when considering that Massie came to the University from a sheltered work environment where “8 to 5” hours were strictly observed.
It is difficult to qualify stress, an emotional condition. Previous cases have dealt with physical hazards over and above those experienced by the general public. See Lake v. Irwin Yacht & Marine Corp., 398 So. 2d 902 (Fla. 1st DCA 1981), (bronchitis from acetone chemicals and fiberglass not commonly found in the environment); Food Machinery Corp. v. Shook, 425 So. 2d 163 (Fla. 1st DCA 1983), (hearing loss from factory machinery noise). However, because there was expert testimony that Mas-sie’s stress was not “unusual” and that job stress causes “everyone” to have difficulty, we must hold that the deputy’s holding was supported by competent substantial evidence. i
AFFIRMEJ).
JOANOS and BARFIELD, JJ., concur.
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Cited By
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Univ. OF Fla. v. Emmett H. Massie, 602 So. 2d 516 (Fla. 1992)…se there was expert testimony that Mas-sie’s stress was not ‘unusual’ and that job stress causes ‘everyone’ to have difficulty, we must hold that the deputy’s holding was supported by competent substantial evidence.” Massie v. University of Florida, 463 So. 2d 383, 384 (Fla. 1st DCA), review denied, 472 So. 2d 1181 (Fla.1985) [hereafter Massie /]. In reaching this decision the district court noted that stress is an emotional condition which is difficult to qualify and that prior cases had dealt with physical…
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Emmett H. Massie v. Univ. OF Fla. & Div. of Risk Mgmt., 570 So. 2d 963 (Fla. 1st DCA 1990)…total disability is not covered under the Workers’ Compensation Act.” The order made no explicit reference to claimant’s expert witness, Alan Pappas.1 [*966] The deputy commissioner’s order was affirmed on appeal in Massie v. University of Florida, 463 So. 2d 383 (Fla. 1st DCA), pet. for rev. denied, 472 So. 2d 1181 (Fla.1985), upon the reasoning that Massie’s evidence showed that the stress to which he was exposed was not a “hazard greater than that to which the general public is exposed.” Id. at 384. This…
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Lafave v. BAY Consol. Distribs., 546 So. 2d 78 (Fla. 1st DCA 1989)…ly ... shall be deemed not to be an injury by accident arising out of the employment.” The deputy properly applied this statute, and the case law, in finding that claimant’s psychiatric condition is not compensable. Massie v. University of Florida, 463 So. 2d 383 (Fla. 1st DCA 1985), rev. denied 472 So. 2d 1181 (Fla.1985), does not mandate a contrary ruling. Massie applied Festa v. Teleflex Inc., 382 So. 2d 122 (Fla. 1st DCA 1980), rev. denied 388 So. 2d 1119 (Fla.1980), to a claim for benefits for multiple…
Authorities Cited
- Festa v. Teleflex, Inc., 382 So. 2d 122 (Fla. 1st DCA 1980)
- Lake v. Irwin Yacht & Marine Corp., 398 So. 2d 902 (Fla. 1st DCA 1981)
- McCANDLESS v. M.M. Parrish Constr. & Corporate Grp. Serv., Inc., 449 So. 2d 830 (Fla. 1st DCA 1984)
- Food Mach. Corp. & Nat'l Union Life Ins. v. Delmis Shook, 425 So. 2d 163 (Fla. 1st DCA 1983)
- Weaver v. Gold Kist, Inc., 449 So. 2d 829 (Fla. 1st DCA 1984)