GREATER MIAMI ACADEMY AND CRAWFORD AND COMPANY, APPELLANTS,
v.
CONSTANCE ANN BLUM, APPELLEE

Fla. 1st DCA | 1985-04-15
No. AW-287
BARFIELD, J., concurs., JOANOS, J., dissents with written opinion.
466 So. 2d 1263 Florida District Court of Appeal, First District (1985) Caution
Cited by 14 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Greater Miami Academy and Crawford and Company appealed a workers' compensation order awarding benefits for Blum's mental disorder allegedly caused by a back injury sustained at a work-related event. The First District Court of Appeal reversed, holding that the nine-month gap between the injury and manifestation of mental symptoms, combined with significant intervening life events, precluded a finding that the mental disorder was the direct and immediate result of the industrial injury.


Holding

The court reversed the workers' compensation order, holding that on these particular facts, the deputy abused his discretion in finding the mental condition compensable. While a nine-month interval does not categorically preclude compensability as a matter of law, the evidence here does not support a finding that the reactive depression was the direct and immediate result of the back injury.


Headnotes

[1] A post-traumatic mental disorder is compensable only if it is the direct and immediate result of an industrial injury.

[2] A significant time interval between an industrial accident and the manifestation of a mental disorder may preclude compensability.

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

Key Quotes

“To be compensable, a post-traumatic mental disorder must be the direct and immediate result of the industrial injury.”

Establishes the legal standard for compensability of mental disorders in workers' compensation cases under Florida law

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

In October 1981, Blum, a teacher at Greater Miami Academy, was knocked down at a skating rink during a chaperoned class trip and sustained a lower bac…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
MILLS, Judge.

MILLS, Judge.

Greater Miami Academy and Crawford and Company appeal from a workers’ compensation order finding Blum’s mental disorder compensable. We reverse.

In October 1981, while a teacher at Greater Miami Academy, Blum chaperoned a class trip to a skating rink. She was knocked down at the rink, injuring her lower back. Despite the injury, she continued to teach, sometimes intermittently and under some sheltered conditions, through May 1982, the end of the school year. In October 1982, Blum began therapy with a psychiatrist, Dr. Chona-Wylie. During the time between the accident at the skating rink and her first visit to Dr. Cho-na-Wylie, Blum remarried. She also moved from Miami, her home for many years, to Ormond Beach with her second husband and his three children. Blum’s own adult daughter was killed in an automobile accident during this interval. Apart from her testimony that she was under a lot of stress and was having trouble concentrating and sleeping as of February 1982, there is no evidence Blum had any mental problems until July 1982.

In the order resulting from Blum’s controverted claim for benefits, the deputy found Blum’s mental condition causally related to the lower back injury. This finding was based on Dr. Chona-Wylie’s testimony that, within reasonable medical probability, Blum suffers from reactive depression caused primarily by the back injury sustained in the fall at the skating rink. The deputy decreed, among other things, that the employer/carrier pay for past and future psychiatric care by Dr. Chona-Wylie.

To be compensable, a post-traumatic mental disorder must be the direct and immediate result of the industrial injury. Superior Mill Work v. Gabel, 89 So. 2d 794 (Fla.1956); Horse Haven v. Willit, 438 So. 2d 123 (Fla. 1st DCA 1983). On the evidence presented, it cannot logically and reasonably be said that Blum’s reactive depression is an immediate result of her lower back injury.

We do not hold that a 9-month interval between the date of accident and manifestation of the mental disorder precludes compensability as a matter of law. Rather, we conclude on these peculiar facts that the deputy abused his discretion in finding the condition compensable.

In view of our holding, we need not reach the other issues raised on appeal.

Reversed and remanded for further proceedings consistent with this opinion.

BARFIELD, J., concurs.

JOANOS, J., dissents with written opinion.

Dissent
JOANOS, Judge,

[*1265] JOANOS, Judge,

dissenting.

I respectfully dissent from the majority opinion. I agree with the majority, that to be compensable, a post-traumatic mental disorder must be the direct and immediate result of the industrial injury. My disagreement with the majority comes in evaluating the evidence presented. While another finder of fact may have reached a different conclusion, there appears to have been competent, substantial evidence upon which the deputy commissioner reached his conclusion. Dr. Chona-Wylie testified that, within reasonable medical probability, Blum suffers from reactive depression caused primarily by the back injury received in the industrial accident. This is competent substantial evidence that the causation was direct. That there was a nine month interval between the date of the accident and manifestation of the mental disorder does not prevent the finder of the facts from determining that the mental disorder was the immediate result of the accident. We should, therefore, not retry the claim but affirm the order. Swanigan v. Dobbs House, 442 So. 2d 1026, 1027 (Fla. 1st DCA 1983).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Philpot v. City OF Miami, 541 So. 2d 680 (Fla. 1st DCA 1989)
    …bility, the neurosis is compensable only if there has been an actual physical injury, and the neurosis is the direct and immediate result of the industrial injury. Superior Mill Work v. Gabel, 89 So. 2d 794 (Fla.1956); Greater Miami Academy v. Blum, 466 So. 2d 1263 (Fla. 1st DCA), petition for review denied, 476 So. 2d 672 (Fla.1985). Insofar as the injury at issue is covered by the AMA Guides, an impairment rating should be based on the Guides. However, where the Guides do not adequately address the subject i…
  • Ackley v. Gen. Parcel Serv. & Am. States Ins., 646 So. 2d 242 (Fla. 1st DCA 1994)
    …). In other words, the mental injury must be the direct and immediate result of the industrial injury. Id. There is no specific time period for the manifestation of a mental injury. Tomlinson, 588 So. 2d at 276, citing Greater Miami Academy v. Blum, 466 So. 2d 1263 (Fla. 1st DCA 1985), rev. denied, 476 So. 2d 672 (Fla.1985). In establishing causation, it is not necessary for a claimant to show that the industrial accident is the sole cause of the mental injury or condition, but only that it is either a compet…
  • Christian v. Greater Miami Acad. & Crawford & Co., 541 So. 2d 701 (Fla. 1st DCA 1989)
    …e such condition was not a compensa-ble post-traumatic mental disorder, directly and immediately resulting from her industrial injury, and therefore reversed and remanded the case to the deputy for further proceedings. Greater Miami Academy v. Blum, 466 So. 2d 1263 (Fla. 1st DCA), review denied, 476 So. 2d 672 (1985). Following remand, the deputy reevaluated the evidence and determined that although claimant did not achieve maximum medical improvement (MMI) until October 30, 1985, she was nevertheless able to…

Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw