Workers' Compensation
Listed below is McConnaughhay, Coonrod, Pope, Weaver & Stern, P.A.'s workers' compensation case law database. The database dates back until 1971 and includes over 5500 workers' compensation court decisions.
To view the case summaries, select one of the general topics listed below.
ATE Fixture FAB v. Wagner
559 So.2d 635, 15 FLW 568 and D1180
Claimant came onto job of employer with pulmonary condition diagnosed as emphysema. He alleged that he was exposed to secondary smoke on his job from other employees who were smoking. According to the claimant this caused increased pulmonary symptoms. Judge of Compensation Claims determined that claimant was permanently and totally disabled based on one doctor's medical testimony that secondary smoke did aggravate the claimant's emphysema. Court reversed this determination and found that the Judge of Compensation Claims had ignored pulmonary function tests taken after the alleged exposures which basically showed that the claimant's condition had not changed when compared to pulmonary function tests performed before date of employment. Therefore there was insufficient competent and substantial evidence to support the Judge's determination that the claimant's pulmonary problems were in part related to exposures on the job.(On Rehearing) An aggravation of preexisting emphysema can be caused by work related exposure to secondary tobacco smoke. The court did not find that the evidence demonstrated that there was such an aggravation in this particular case. Case remanded to judge to take additional testimony as to whether there was a permanent aggravation of the preexisting emphysema by the secondary tobacco smoke.
