WAYNE PHILLIPS, APPELLANT,
v.
HAGUE WATER CONDITIONING AND CLAIMS CENTER; PROGRESS DRYWALL & STUCCO, INC., AND FEISCO, APPELLEES
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Wayne Phillips appealed a workers' compensation order denying him medical and disability benefits. The court affirmed the denial of benefits related to a December 1990 alleged accident but reversed and remanded regarding causation of his 1991 condition to his October 1986 work injury, finding unrefuted medical evidence of causation.
The court affirmed the JCC's finding that Phillips did not prove a compensable accident occurred on December 15, 1990, while working for Progress Drywall. However, the court reversed the JCC's conclusion that Phillips' 1991 medical condition was not causally related to his October 1986 injury, finding that Dr. Fifer's unrefuted medical opinion established probable causation.
[1] A workers' compensation claimant bears the burden of proving that an accident occurred.
[2] A claimant must establish that their present condition is causally related to a prior work-related accident.
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“We affirm the findings as to the 1990 accident because competent substantial evidence supports the JCC's conclusion that Phillips did not suffer a compensable accident on December 15, 1990 while employed with Progress Drywall & Stucco, Inc.”
Establishes the court's affirmance of the denial of benefits related to the alleged December 1990 accident.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePhillips suffered a work-related back injury on October 5, 1986, while employed by Hague Water Conditioning, resulting in a herniated disc at L5-S1 re…
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KAHN, Judge.
Wayne Phillips appeals a workers’ compensation order denying him medical benefits and temporary total or temporary partial disability benefits. The Judge of Compensation Claims (JCC) found that Phillips did not carry his burden of proving that an accident occurred on December 15, 1990 and failed to establish that his present back condition is causally related to the October 5, 1986 accident.
On October 5, 1986, Mr. Phillips sustained a work related injury while employed by Hague Water Conditioning. As a result, Phillips suffered a herniated disc at L5-S1 on the right and underwent a laminectomy on February 5, 1987.1 Phillips continued to receive medical treatment relating to the 1986 accident through November, 1990. On October 25, 1990, Phillips began to work for Progress Drywall & Stucco, Inc. as a metal framer. Phillips testified that on Saturday, December 15, 1990, he worked for Progress at the Collier County Courthouse and experienced back pain. The next Monday, Phillips quit working for Progress because he needed to make more money and began working for Distinctive Drywall. Phillips worked for Distinctive Drywall until January 15, 1991. During this time, Phillips’ back pain became progressively worse. In January, 1991, Phillips visited Dr. John S. Fifer, Jr., an orthopedic surgeon, who has treated him since 1986. Dr. Fifer diagnosed Phillips as having a large herniated disc at the L5-S1 level on the right and performed a discectomy and a fusion on March 12, 1991.
We affirm the findings as to the 1990 accident because competent substantial evidence supports the JCC’s conclusion that Phillips did not suffer a compensable accident on December 15, 1990 while employed with Progress Drywall & Stucco, Inc. We conclude, however, that Dr. Fifer’s opinion that Phillips’ 1991 condition was probably causally related to the 1986 injury is unre-futed. The JCC did not reject this opinion. Accordingly, the record lacks competent substantial evidence to support the JCC’s conclusion that none of Phillips’ medical problems were related to the October 5, 1986 accident. We reverse this portion of the order and remand for further proceedings.
WIGGINTON and MICKLE, JJ., concur. . On November 25, 1987, Phillips settled the indemnity portion of his claim with Hague, but the medical portion of the claim remained open.