MIRIAM EGAN, APPELLANT,
v.
FLORIDA ATLANTIC UNIVERSITY AND DIVISION OF RISK MANAGEMENT, APPELLEES
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ALLEN, Judge.
In this workers’ compensation appeal the parties dispute the effect of an amendment to section 440.02(1), Florida Statutes (1990), by which the word “stress” was included in the statutory provision that “mental or nervous injury due to stress, fright or excitement only ..-. shall be deemed not to be an injury by accident arising out of the employment.” We conclude that this amendment was merely a codification and affirmation of the existing case law, as reflected in decisions such as LaFave v. Bay Consolidated Distributors, 546 So. 2d 78 (Fla. 1st DCA 1989). Mental or nervous injuries occasioned solely by stress, without any contributing physical injury, are not compensable. See City of Holmes Beach v. Grace, 598 So. 2d 71 (Fla.1992).
The appealed order is affirmed.
WOLF and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Anderson v. Wales Indus. & Gallagher Bassett Servs., 688 So. 2d 379 (Fla. 1st DCA 1997)…resulted from emotional or stress factors, rather than from the physical injuries. Thames v. Santa Rosa County Jail, 639 So. 2d 95 (Fla. 1st DCA 1994); City of Miami Beach v. Morantes, 633 So. 2d 491 (Fla. 1st DCA 1994); Egan v. Florida Atl. Univ., 610 So. 2d 585 (Fla. 1st DCA 1992). The JCC concluded that the medical evidence provided competent, substantial evidence for denying benefits. To the contrary, however, Dr. Guthrie repeatedly declined to attribute Anderson’s psychological condition solely to stre…
Authorities Cited
- City OF Holmes Beach v. Grace, 598 So. 2d 71 (Fla. 1992)
- Lafave v. BAY Consol. Distribs., 546 So. 2d 78 (Fla. 1st DCA 1989)