FRANK SEIDEN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MIRTHA SEIDEN, APPELLANT,

v.

JOSEPH GALLAGHER, APPELLEE

Citator

Cited By

• City of Cooper City/Florida Mun. Ins. Trust/Florida League of Cities v. Farthing, 905 So. 2d 925 (Fla. 1st DCA 2005)
  …sting disease to the disability or need for treatment. This court has held that this major-contributing-cause requirement of section 440.09(l)(b) is satisfied by proof that workplace exposure aggravated a preexisting disease. J & J Enters. v. Oweis, 733 So. 2d 1149 (Fla. 1st DCA 1999); Mellon Sec. & Sound v. Custer, 687 So. 2d 1372 (Fla. 1st DCA 1997). We direct the JCC to consider this theory of recovery on remand. We REVERSE and REMAND for further proceedings consistent with this opinion. PADOVANO and LEWI…
• Prewitt v. Principal Health Care & St. Paul Fire & Marine Ins. Co., 752 So. 2d 96 (Fla. 1st DCA 2000)
  …everse the denial of benefits based upon the finding that claimant’s work did not produce a disabling aggravation of a preexisting, asymptomatic, condition, and remand for further consideration in light of our decision in J & J Enterprises v. Oweis, 733 So. 2d 1149 (Fla. 1st DCA 1999). We note that the judge of compensation claims did not have the benefit of that opinion when called upon to decide this matter. AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions. KAHN, WEBSTER and PADOVANO, JJ…
• Moore v. Pasco Cnty. Bd. OF Comm'rs & Commercial Risk Mgmt., 854 So. 2d 256 (Fla. 1st DCA 2003)
  …xisted for such dysfunction. The primary issue in this case is whether Appellant suffered a “prolonged exposure” as required by this Court’s opinion in Festa v. Teleflex, Inc., 382 So. 2d 122, 124 (Fla. 1st DCA 1980). In J & J Enterprises v. Oweis, 733 So. 2d 1149, 1150 (Fla. 1st DCA 1999), this Court held that the “prolonged exposure” factor can be satisfied by either a single-dose exposure or a repeated exposure and that Festa, supra, “does not impose a minimum temporal threshold” for determining a “prolong…