ARTHUR DANIELS, JR., DECEASED, BRENDA DANIELS, CLAIMANT/WIDOW, AS NATURAL PARENT AND GUARDIAN OF DEANNA L. LOWERY AND JESSICA L. LOWERY, MINORS, APPELLANTS,
v.
OFFICE MART HOLDING CORPORATION AND NORTHBROOK INS. COMPANY, APPELLEES

Fla. 1st DCA | 1989-09-08
No. 89-48
NIMMONS, J., concurs; ZEHMER, J., dissents w/o opinion.
548 So. 2d 828 Florida District Court of Appeal, First District (1989) Caution
Cited by 6 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

In this workers' compensation case, the court affirmed the denial of death benefits for an employee who died of a heart attack on his first day of work. The court held that because the pre-opening store preparation activities were routine to the employee's hired position, the heart attack was not compensable under Florida workers' compensation law.


Holding

The heart attack was not compensable because the employee was not subjected to unusual strain or overexertion beyond what would be routine to his hired work. Although the pre-opening activities were limited in duration and would not be part of his ongoing sales duties, they were routine to the work he was hired to perform and thus do not meet the legal causation standard for compensable heart attacks.


Headnotes

[1] A heart attack may be compensable under workers' compensation when precipitated by work-connected exertion affecting a preexisting nondisabling condition only if the empl…

[2] When an employee commences new work duties after a period of unemployment, the relevant inquiry for a compensable heart attack is whether the precipitating work activity…

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Key Quotes

“a heart attack may be compensable under chapter 440 when precipitated by work-connected exertion affecting a preexisting nondisabling condition "only if the employee was at the time subject to unusual strain or overexertion not routine to the type of work he was accustomed to performing."”

Establishes the legal standard for compensability of heart attacks in workers' compensation cases

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Facts & Procedural History

Arthur Daniels, Jr., a 27-year veteran of previous employment who had been retired for approximately one year, was hired by Office Mart to work in sal…

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Opinion of the Court
WENTWORTH, Judge.

WENTWORTH, Judge.

Claimant seeks review of a workers’ compensation order by which death benefit claims were denied upon a determination that the deceased employee’s heart attack was not compensable. We find that the strain to which the employee was subjected was routine to his employment, and we therefore affirm the order appealed.

Death benefits were sought for the spouse and two minor children of an employee who died of a heart attack on his first day of work for the employer. The employee had previously worked for another employer for 27 years, and then retired. After approximately one year of retirement the employee agreed to work for the employer involved in this claim. This new job was to be in a sales position, but when the employee was hired the store had not yet opened. During the days prior to the opening the various employees were engaged in preparing the store. Although such pre-opening activities would not be a part of the employee’s usual sales work after the store opened ten days later, the employee was expected to and agreed to perform these duties prior to the opening.

The employee sustained his fatal heart attack after working for several hours. He had indicated that the physical activity was tiring, and evidence was presented that he had engaged in little physically strenuous activity since his retirement during the prior year. In Victor Wine & Liquor Inc. v. Beasley, 141 So. 2d 581 (Fla.1962), it was established that a heart attack may be compensable under chapter 440 when precipitated by work-connected exertion affecting a preexisting nondisabling condition “only if the employee was at the time subject to unusual strain or overexertion not routine to the type of work he was accustomed to performing.” This is a standard of legal causation requiring that the heart attack result, at least in part, from some specifically identifiable employment activity. See McCall v. Dick Burns, Inc., 408 So. 2d 787 (Fla. 1st DCA 1982). When an employee commences new work duties by beginning a job after a period of unemployment, the relevant inquiry with regard to a heart attack is whether the precipitating work activity constitutes a strain or overexertion which would not be routine to the new job. See Skinner v. First Florida Building Inc., 490 So. 2d 1367 (Fla. 1st DCA 1986).

The record supports the deputy’s conclusion that the employee’s heart attack in the present case was precipitated by activities which were routine to the work the employee was hired to perform. While these initial activities were to be of limited duration, lasting only until the opening of the store when the employee would thereafter be engaged in sales work, this durational limit does not render the activities any less routine. Claimant having failed to show that the employee was engaged in non-routine work activities producing an unusual strain or overexertion, the heart attack was not compensable and the claim for benefits was properly denied.

The order appealed is affirmed.

NIMMONS, J., concurs; ZEHMER, J., dissents w/o opinion.


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Citator

Cited By

  • …tial evidence upon which to base his findings, the court's analysis is nonetheless helpful in understanding what factors are to be considered in determining whether a particular activity is "routine." . Compare Daniels v. Office Mart Holding Corp., 548 So. 2d 828 (Fla. 1st DCA 1989). Daniels involved an employee who died of a heart attack on his first day of work. The employee was hired for a job in sales, but when he was hired the store had not yet opened. During the days prior to the opening, various emplo…
  • Batson Cook Co. & ITT Hartford v. Thomas, 635 So. 2d 991 (Fla. 1st DCA 1994)
    …job after a period of unemployment, the relevant inquiry with regard to a heart attack is whether the precipitating work activity constitutes a strain or overexertion which would not be routine to the new job.” Daniels v. Office Mart Holding Corp., 548 So. 2d 828, 829 (Fla. 1st DCA 1989) (citing Skinner v. First Florida Building Corp., 490 So. 2d 1367 (Fla. 1st DCA 1986)) (emphasis added). The erroneous finding regarding the length of claimant’s employment with the employer caused the judge of compensation…
    1 / 2

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