ELOY BRITO, PETITIONER,
v.
ADVANCE METAL PRODUCTS, INC., AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, AND THE FLORIDA DEPARTMENT OF COMMERCE, INDUSTRIAL RELATIONS COMMISSION, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court reversed the Industrial Relations Commission's denial of workers' compensation for an employee who suffered sudden breathing difficulty caused by cumulative workplace exposure to welding fumes, holding that an injury caused by the accelerating or aggravating effect of constant workplace exposure to hazardous conditions qualifies as compensable 'by accident' even when the ill effects do not occur suddenly.
The court held that an employee is entitled to workers' compensation when constant inhalation of workplace fumes directly contributes to the acceleration or aggravation of a pre-existing disease or condition, and that the fundamentally accidental nature of such an injury is not altered by its cumulative rather than acute nature, even when ordinary exposure levels trigger the disabling effect.
[1] An injury resulting from the cumulative effect of inhaling dust and fumes, which accelerates a pre-existing disability, is fundamentally accidental in nature and compensa…
[2] In 'exposure' cases, the ill effects of the exposure need not occur suddenly or be immediately related to an identifiable incident to entitle an employee to compensation.
Previewing 2 of 4 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“Where the constant inhalation of dusts and fumes directly contributes to the acceleration or aggravation of a pre-existing disease, has the claimant suffered an injury 'by accident' for which he must be compensated by the employer in whose employment the injurious exposure occurred? We think the question must be answered in the affirmative.”
Establishes the fundamental principle that cumulative workplace exposure causing aggravation of pre-existing conditions qualifies as compensable accidental injury.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceEloy Brito worked as a welder for six years with Advance Metal Products, Inc., regularly exposed to welding smoke and fumes. On July 23, 1968, while w…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Accidental Injury cases and more on FLexlaw
We review on certiorari an order of the Industrial Relations Commission reversing an order of the Judge of Industrial Claims.
It appears from the record that the claimant, Eloy Brito, is a welder who for six years in such position with the employer, Advance Metal Products, Inc., has been exposed to smoke while welding. His *429sudden inability to breathe through his nose on July 23, 1968, while welding, was characterized by Dr. Sydney Wruble as a condition caused by the fumes and smoke which come from welding.
Although the claimant had the pre-exist-ing condition of polyps in the nose, they were not disabling. Dr. Wruble testified that the constant exposure to the fumes brought the claimant to the point where he was unable to breathe because of the congestion and exposure. He also testified that irrespective of anticipating any future problems, the claimant’s disability is somewhat in the realm of 5 to 10 per cent.
The order of the Industrial Relations Commission reversed the JIC because on the date of the accident the employee had not been exposed to more smoke than he normally encountered in his work for the past six years.
The Industrial Relations Commission quoted Dr. Wruble:
“I think over the years he has been exposed to these fumes, which finally brought it to a point — it brought him to the point where he was unable to breathe because of the congestion and the exposure.”
In addition, the Industrial Relations Commission noted that fumes other than from welding, such as automobile fumes or those from smoking, can also cause this condition.
It is contended by claimant that the Industrial Relations Commission violated the rule of Czepial v. Krohne Roofing Co., Fla. 1957, 93 So.2d 84, at page 85, wherein it is said:
“[1] The issue here may be stated as follows: Where the constant inhalation of dusts and fumes directly contributes to the acceleration or aggravation of a pre-existing disease, has the claimant suffered an injury ‘by accident’ for which he must be compensated by the employer in whose employment the injurious exposure occurred? We think the question must be answered in the affirmative.”
In Victor Wine & Liquor, Inc. v. Beasley, Fla.1962, 141 So.2d 581, the Court in analyzing “exposure” cases, points out that the ill effects of the exposure need not occur suddenly and be immediately related to an identifiable incident. The Court further points out that in Czepial, supra, the Court had held that
“In the so-called ‘exposure’ cases, this court has stressed that, to entitle the employee to compensation, he must have been subjected to more than the ordinary hazards confronting people generally; but we have found no case in which it has been held that the ill effects of the exposure must occur suddenly and be immediately related to an identifiable incident. On the contrary, it was held in the Czepial case, supra, 93 So.2d 84, that ‘the fundamentally accidental nature of the injury is not altered by the fact that, instead of a single occurrence, it is the cumulative effect of the inhalation of dust and fumes to which a claimant is peculiarly susceptible that accelerates a claimant’s pre-existing disability.’ ”
(Victor Wine & Liquor, Inc. v. Beasley, Fla.1962, 141 So.2d 581, at page 588.)
Under the foregoing circumstances measured by the rationale of the two cases cited, and the further case of Simmons v. City of Coral Gables, Fla.1966, 186 So.2d 493, we reverse and direct that the order of the Judge of Industrial Claims be reinstated.
It is so ordered.
ROBERTS, C. J., and BOYD, McCAIN and DEKLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Festa v. Teleflex, Inc., 382 So. 2d 122 (Fla. 1st DCA 1980)…to more than the ordinary hazards confronting people generally” but no cases required “that the ill effects of the exposure must occur suddenly and be immediately related to an identifiable incident.” See also, Brito v. Advance Metal Products, Inc., 244 So. 2d 428, 429 (Fla.1971). In Worden v. Pratt and Whitney Aircraft, 256 So. 2d 209 (Fla.1971), the court took a different approach. Worden developed cataracts from looking into a high intensity furnace over a period of several years. The court ruled that the…
-
Norris E. Worden v. Pratt AND Whitney Aircraft, 256 So. 2d 209 (Fla. 1971)…mission, the order was affirmed. The accidental nature of an injury is not altered by the fact that, instead of a single occurrence, the injury is the cumu-lated effect of a series of occurrences. As stated in Brito v. Advance Metal Products, Inc., 244 So. 2d 428 (Fla.1971): “In Victor Wine & Liquor, Inc. v. Beasley, Fla.1962, 141 So. 2d 581, the Court in analyzing ‘exposure’ cases, points out that the ill effects of the exposure need not occur suddenly and be immediately related to an identifiable incident…
Authorities Cited
- Victor Wine & Liquor, Inc. v. Beasley, 141 So. 2d 581 (Fla. 1961)
- Czepial v. Krohne Roofing Co., 93 So. 2d 84 (Fla. 1957)
- Simmons v. City OF Coral Gables, 186 So. 2d 493 (Fla. 1966)