SUNILAND TOYS AND JUVENILE FURNITURE, INC. AND AMERICAN CASUALTY COMPANY, PETITIONERS,
v.
ELIZABETH Y. KARNS AND FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS
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The Florida Supreme Court held that an employee's allergic reaction to a typhoid inoculation administered during working hours is compensable under workers' compensation law where the employee was exposed to contaminated water at the workplace and the preventive treatment was reasonably required and approved by the employer.
An injury caused by preventive medical treatment that is reasonably required by an employment-related exposure and undertaken with the employer's active assent and approval is compensable under workers' compensation law if it has the requisite causal relationship to the employment and originates in a risk sufficiently connected with employment.
“in order to be compensable, an injury must have originated in some risk connected with the employment or flowing as a natural consequence from the employment”
Establishes the fundamental statutory requirement for workers' compensation liability
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Join FLexlaw to unlock all legal intelligenceAfter a hurricane in September 1960, a saleslady employed at a shopping center was informed of possible contamination of the public water supply. With…
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The petition for writ of certiorari here seeks review of an order of the Industrial Commission affirming a workmen’s compensation award for temporary total disability, remedial treatment and attorney’s fees.
Claimant’s injury, an allergenic reaction, followed typhoid injections administered during working hours in the office of a private physician at the expense of her employer’s lessor in a shopping center after hurricane damage in the locality during September of 1960. The controversy here relates not to factual circumstances but to the legal consequences of substantially undisputed facts, and is a case of first impression in this jurisdiction on the question of compensation liability for injury resulting from such preventive medical treatment connected with employment.
Upon resumption of business after the hurricane emergency the claimant, a saleslady, was informed by her employer of the possibility that the public water supply serving the shopping center might be contaminated, that his lessor had arranged for typhoid inoculations to be given free of charge to employees of businesses in the center, and that employees might at their option obtain same during working hours. The bottled drinking water normally furnished employees in the store was not then provided or available to them, and prior to notice from their employer the claimant and fellow employees had already consumed tap water in the store for drinking purposes. Claimant’s testimony was that she had not otherwise been exposed to a doubtful water supply.
The statute and cases establish the fundamental requirement that, in order to be compensable, an injury must have originated in some risk connected with the employment or flowing as a natural consequence from the employment.1 We think the pivotal point in applying that rule to the situation at bar is the determination of whether in the election to obtain or accept inoculation there existed an element of coercion, direct or indirect, by employer upon employee.2
From the recitation of facts above it is apparent that in this case the necessity for preventive inoculations arose not only from the absence of a safe water supply in the business premises, but also from the fact that the employee, without notice of the potential contamination, had already been exposed by consumption of questionable water in the course of her employment. The Commission noted in its order that disability such as disease resulting directly from that exposure would unquestionably *525be compensable.3 Injury caused by preventive medical treatment reasonably required by the exposure would likewise be compensable. Whether or not the employer made any direct effort to influence claimant’s decision to accept inoculation, an element of coercion undoubtedly existed in the fact of her exposure in her employment to a risk of disease from consumption of water concerning which .warnings were later given. Even if an employer in this situation could choose the risk of liability for disability from disease rather than inoculation injury, the record here clearly shows that the preventive treatment was administered with his active assent and approval,4 and we concur with the Commission’s conclusion that under these circumstances the consequent disability had the requisite causal relationship to the employment and originated in a risk sufficiently connected with that employment.
The order of the full Commission also sustains the deputy’s finding that the inoculation was of “benefit” and “mutually advantageous” to the employer. This finding, we think, is necessarily based on the fact that under the particular circumstances the inoculation was calculated to reduce the risk of compensable disability. We need not here determine to what extent, if any, a finding of benefit could be predicated on prevention of employee illness or absenteeism alone,5 and we imply no approval of a doctrine which would extend compensation liability beyond the confines of injuries or risks actually incurred in the employment as distinct from those affecting the public generally, or which would attach any penalty to the commendable impulses of an employer to lend support to programs of preventive medicine. According to the evidence in the instant case, however, the interest of the employer in providing preventive inoculation was not merely to preserve public health or even a concern for the personal health of his employees, but related instead in the case of this claimant to the prevention of a potential disability to which the claimant had at the time in question been directly exposed'only in the course of her employment. The record therefore fully sustains the conclusion that the preventive treatment sufficiently served the employer’s special interests to bring the accidental reaction injury within the employment scope.
The petition should accordingly be denied. It is so ordered.
ROBERTS, C. J., TERRELL and THOMAS, JJ., and WILLIS, Circuit Judge, concur.
O’CONNELL and CALDWELL, JJ., dissent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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S. Bell Tel. & Tel. Co. v. McCOOK, 355 So. 2d 1166 (Fla. 1977)…ause of the accident while the words ‘in the course of employment’ refer to the time, place, and circumstances under which the accident occurs.” We elaborated on the “arising out of” requirement in Suniland Toys & Juvenile Furniture, Inc. v. Karns, 148 So. 2d 523, 524 (Fla.1963), where we said that a compensa-ble injury “must have originated in some risk connected with the employment or flowing as a natural consequence from the employment.” These holdings recognize the universal principle of workmen’s comp…
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Blanche Strother v. Morrison Cafeteria, 383 So. 2d 623 (Fla. 1980)…course of” were separate elements which must be proved to establish a compensable accident. In McCook, we were concerned with the “arising out of” element rather than “in the course of.” Relying on Suniland Toys & Juvenile Furniture, Inc. v. Karns, 148 So. 2d 523 (Fla.1963), we defined “arising out of” to mean originating in some risk connected with employment or flowing as a natural consequence from the employment. Although in several decisions, we have referred to the distinct and separate nature of the t…
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Monette v. Manatee Mem'l Hosp., 579 So. 2d 195 (Fla. 1st DCA 1991)…985), review denied, 484 So. 2d 8 (Fla.1986), quoted in Ramada Inn Surfside v. Swanson, 560 So. 2d 300, 303 (Fla. 1st DCA 1990). In the instant case, the judge relied primarily on the decision in Suniland Toys and Juvenile Furniture, Inc. v. Karns, 148 So. 2d 523 (Fla.1963) to deny compensa-bility. Earns is factually similar, in that as in this case, the injury was caused by an allergic reaction to an inoculation. The claimant in Earns drank contaminated water at work, thereby becoming exposed to typhoid. Th…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Fid. & Cas. Co. of N.Y. & Lee Motors of Fort Myers, Inc. v. Mrs. Charles S. Moore, Jr., 143 Fla. 103 (Fla. 1940)
- Naranja Rock Co., Inc. v. Dawal Farms, Inc., 74 So. 2d 282 (Fla. 1954)
- N. & L. Auto Parts Co. & Great Am. Indem. Co. v. Doman, 111 So. 2d 270 (Fla. 1st DCA 1959)