WINN-DIXIE STORES AND CRAWFORD AND COMPANY, APPELLANTS/CROSS-APPELLEES,
v.
WILLIAM MORGAN, JR., APPELLEE/CROSS-APPELLANT
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In this workers' compensation appeal, the First District Court of Appeal affirmed an award of temporary total disability benefits, medical expenses, and attorney's fees to an employee who developed Kienbock's disease from repeated trauma during 13 years of varied warehouse duties. The court reversed the lower court's failure to award interest on the compensation benefits, holding that interest is automatic when an employer/carrier unsuccessfully contests a claim.
The court affirmed that Morgan's injury was compensable under the repeated trauma theory established in Festa v. Teleflex, Inc., finding that the cumulative effect of his varied job duties caused his Kienbock's disease. The court reversed and held that interest on compensation benefits must be awarded automatically when the employer/carrier unsuccessfully controverts the claim.
[1] Workers' compensation law allows recovery for injuries arising from repeated minor traumas, applying the same principles as for prolonged exposure to deleterious substanc…
[2] To recover under the repeated trauma theory in workers' compensation, a claimant must demonstrate a series of occurrences, the cumulative effect of which is injury.
Previewing 2 of 4 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“in order for a claimant to recover under the exposure theory, he must show: (1) prolonged exposure, (2) the cumulative effect of which is injury or aggravation of a pre-existing condition and (3) that he has been subjected to a hazard greater than that to which the general public is exposed.”
Establishes the legal standard for recovery under the repeated trauma/exposure theory in workers' compensation cases
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Join FLexlaw to unlock all legal intelligenceWilliam Morgan Jr. was a 13-year employee of Winn-Dixie Stores who performed various duties including stocking shelves, bagging groceries, unloading t…
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SHIVERS, Judge.
The employer/carrier (E/C) in this workers’ compensation case appeal an order awarding the claimant temporary total disability benefits from the date of accident, medical expenses, attorney’s fees, and costs, based on a finding of compensability under the repeated trauma theory of Festa v. Teleflex, Inc., 382 So. 2d 122 (Fla. 1st DCA 1980). The claimant cross-appeals the deputy’s failure to award interest on the compensation and medical benefits. We affirm the issue on appeal, and reverse the issue on cross appeal.
In Festa, this court reviewed the principles related to the award of compensation benefits for injuries arising both from prolonged exposure to deleterious substances (such as dust, fumes, mercury, and intense heat) and from repeated minor traumas (such as constant strain or repeated twisting and turning). In summarizing those principles, we stated that in order for a claimant to recover under the exposure theory, he must show:
(1) prolonged exposure, (2) the cumulative effect of which is injury or aggravation of a pre-existing condition and (3) that he has been subjected to a hazard greater than that to which the general public is exposed. Alternatively, he must demonstrate a series of occurrences, the cumulative effect of which is injury-
382 So. 2d at 124. The court found that these same theories were to be applied in cases involving injuries resulting from repeated trauma.
The claimant in the instant case was a 13-year employee of Winn-Dixie Stores, whose job history there included a variety of tasks such as stocking shelves, bagging groceries, unloading trucks, moving carts of frozen foods, and cleaning and stocking produce counters. On June 24,1986, claimant experienced severe pain in his wrist while opening the store safe. An x-ray taken several days later revealed that the claimant was suffering from a collapsed lunate — one of the small bones of the wrist —and from Kienbock’s disease, a disease which causes gradual death of the lunate, eventually leading to its collapse. Although the medical evidence presented at the compensation hearing conflicted in several respects, we find competent substantial evidence in the record from which the deputy could have properly concluded that the type of work performed by the claimant during his employment with Winn-Dix-ie led to the development of his Kienbock’s disease and, therefore, that claimant’s injury was compensable under the “alternative” theory expressed in Festa. We therefore affirm the deputy’s finding of compensability.
We reverse the deputy’s failure to award interest on claimant’s compensation benefits. An award of interest on the amount of benefits which should be paid is automatic where the E/C unsuccessfully controvert the claim. Poole & Kent Company v. Asbell, 394 So. 2d 1112 (Fla. 1st DCA 1981).
MILLS and WIGGINTON, JJ., concur.
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Fla. Power Corp. v. Stenholm, 577 So. 2d 977 (Fla. 1st DCA 1991)…to award interest on past due medical bills unpaid by the employer. See Zafrilla v. Volare Shoes, Inc., 394 So. 2d 146 (Fla. 1st DCA 1981); La Croix Construction Co. v. Bush, 471 So. 2d 134 (Fla. 1st DCA 1985). See also Winn-Dixie Stores v. Morgan, 533 So. 2d 783 (Fla. 1st DCA 1988). Accordingly the order is AFFIRMED, in part, but REVERSED, in part, and REMANDED, to allow for an award of the claimed interest. SMITH, J., and WENTWORTH, Senior Judge, concur.…
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Alvarez v. City OF Tampa & Alexsis Risk Mgmt., 647 So. 2d 301 (Fla. 1st DCA 1994)…t DCA 1992) (evidence supported finding that bouncing and vibration, moving heavy objects, and repetitive lifting caused truck driver’s back injury and supported finding of compensability under repetitive trauma theory); Winn-Dixie Stores v. Morgan, 533 So. 2d 783 (Fla.1st DCA 1988) (finding of compensable injury under repeated trauma theory sufficiently supported by evidence that type of work performed by claimant during his 13-year employment with grocery store led to development of wrist disease). Exposure…
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Johnson v. Knight, 594 So. 2d 836 (Fla. 1st DCA 1992)…driver, was subjected on a daily basis to prolonged sitting and bouncing while driving, twisting, turning and lifting the body to enter and exit the truck, and lifting heavy rubber hoses to fill and empty the tank); and Winn-Dixie Stores v. Morgan, 533 So. 2d 783 (Fla. 1st DCA 1988) (finding of compensable wrist injury under repeated trauma theory supported by evidence that claimant’s job history included variety of tasks such as stocking shelves, bagging groceries, unloading trucks, moving carts of frozen f…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Festa v. Teleflex, Inc., 382 So. 2d 122 (Fla. 1st DCA 1980)
- Poole & Kent Co. & Reliance Ins. Co. v. Asbell, 394 So. 2d 1112 (Fla. 1st DCA 1981)