GLENN R. WALKER, PETITIONER,
v.
MCDONNELL AIRCRAFT CORPORATION, INSURANCE COMPANY OF NORTH AMERICA AND THE FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS
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A worker injured by occupational exposure to toxic gases sought workers' compensation benefits for aggravation of pre-existing emphysema. The Florida Supreme Court reversed the Industrial Commission's denial of benefits, holding that the Judge of Industrial Claims' finding was supported by competent substantial evidence that the worker's condition was aggravated by workplace gas exposure.
The Court held that the Judge of Industrial Claims' order was supported by competent substantial evidence and should not have been reversed by the Full Commission. Dr. Norris's testimony that he would be 'strongly suspicious that emphysema was a direct result of toxic exposure' provided sufficient evidence to support the finding of a compensable injury by accident.
[1] A judge of industrial claims' order is supported by competent substantial evidence and should not be reversed by the full commission.
[2] Medical testimony stating that a claimant's condition "possibly could aggravate" a pre-existing condition due to toxic exposure is sufficient to support a finding of comp…
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Join FLexlaw to unlock all legal intelligence“The Order of the Judge of Industrial Claims is supported by competent substantial evidence and should not have been reversed.”
Statement of the legal standard and holding that the Judge's order met the evidentiary burden
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Join FLexlaw to unlock all legal intelligenceGlenn Walker, a 34-year-old mechanic, was exposed to nitrogen tetroxide and monomethylhydrazine gases during his employment at McDonnell Aircraft Corp…
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This cause is before us on petition for writ of certiorari to the Florida Industrial Commission.
Petitioner, a 34-year old mechanic, filed a claim for injury resulting from aggravation of pre-existing bulbous emphysema due to inhalation of certain gases, in the course of his employment. The Judge of Industrial Claims found that petitioner’s exposure to nitrogen tetroxide and monomen-thahydrazine was a compensable injury by accident and aggravated petitioner’s preexisting condition hastening the necessity for lung surgery. The Judge granted ten weeks of temporary total disability benefits and medical expenses.. Permanent partial disability and the payment of Dr. Norris’ bill was denied.
The Full Commission reversed, holding there was “no medical evidence in the record which would support a finding that claimant’s emphysema is related to an exposure to gases which arose out of and in *211the course of his employment.” One mem-her dissented, pointing out that:
“Dr. Norris, the operating surgeon, testified that the claimant’s condition could have been caused, aggravated, or accelerated by inhalation of noxious gases.”
We have heard argument of,the parties and reviewed the record and brief. The Order of the Judge of Industrial Claims is supported by competent substantial evidence and should not have been reversed. Dr. Norris, who operated on petitioner removing a portion of both lungs, testified that in his opinion, exposure to the gases in question “possibly could aggravate” the condition. In response to a hypothetical question setting out the circumstances of petitioner’s exposure, Dr. Norris stated: “I would say that I would be strongly suspicious that emphysema was a direct result of toxic exposure.”
Accordingly, certiorari is granted, the order of the Full Commission is quashed and the cause remanded with directions to reinstate the Order of the Judge of Industrial Claims.
Petition for attorney’s fees is granted in the amount of $350.00.
It is so ordered.
ERVIN, C. J., ADKINS and BOYD, JJ., and RAWLS, District Judge, concur.
DREW, J., dissents with opinion.
(dissenting).
The evidence in this case relied upon to establish causal relationship is wholly insufficient to meet the standards required by the law in compensation cases. While claimant is not required to prove his case by preponderance of the evidence, this Court has for more than 40 years un-deviatingly held that recovery cannot be had on evidence which is purely speculative and conjectural. This is particularly true of medical testimony.1
In my judgment the Full Commission was eminently correct in its disposition of the cause and its actions should be approved.
DREW, Justice
(dissenting).
The evidence in this case relied upon to establish causal relationship is wholly insufficient to meet the standards required by the law in compensation cases. While claimant is not required to prove his case by preponderance of the evidence, this Court has for more than 40 years un-deviatingly held that recovery cannot be had on evidence which is purely speculative and conjectural. This is particularly true of medical testimony.1
In my judgment the Full Commission was eminently correct in its disposition of the cause and its actions should be approved.
. 35 Fla.Jur. Workmen’s Compensation § 236 (1961); Arkin Const. Co. v. Simpkins, 99 So. 2d 557 (Fla.1957).
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Tranquilino Castro v. Florida Juice Division and Southern Fire Adjusters, 400 So. 2d 1280 (Fla. 1st DCA 1981)…mony, when considered as a whole, indicated the requisite certainty to establish causation. See Florida State Employment Service v. Spathis, 9 FCR 182 (1973), cert. den., 317 So. 2d 765 (Fla.1975). See also, Walker v. McDonnell Aircraft Corporation, 231 So. 2d 210 (Fla.1970). Moreover, their medical opinions were no less satisfactory for their failure to use the magic words “reasonable medical certainty.” See Town of Davie v. Cooper, IRC Order 2-3770 (April 16, 1979). Chester v. Bake Lines Trucking, Inc., IR…
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Dillow v. Florida Portland Cement Plant, 258 So. 2d 266 (Fla. 1972)…alation of large amounts of dust. He further stated that “either one alone could have caused an acceleration of growth.” (Emphasis added.) Such testimony is similar to the evidence in the recent case of Walker v. McDonnell Aircraft Corp., Fla.1970, 231 So. 2d 210. In the Walker case, supra, the Supreme Court in reversing the full Commission stated: “ . . . The order of the Judge of Industrial Claims is supported by competent substantial evidence and should not have been reversed. Dr. Norris, who operated on…
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Bays v. Orange Cnty. Bd. OF Cnty. Comm'rs, 232 So. 2d 391 (Fla. 1970)…ated in the majority opinion — simply does not attain this status. It is speculative and is based on unreliable probabilities, not reasonable medical certainty. I would deny certiorari. . See my dissent in Walker v. McDonnell Aircraft Corp., Fla., 231 So. 2d 210, Opinion filed January 21, 1970.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Arkin Constr. Co. & Bituminous Cas. Corp. v. Simpkins, 99 So. 2d 557 (Fla. 1957)