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.
University of Florida v. Massie
602 So.2d 516, 17 Fla. L. Week. S306
The Supreme Court added an additional requirement in determining the compensability of a repeated trauma or exposure case as provided for in the caseof Festa v. Teleflex, Inc. 382 So.2d 122. In order for a repeated trauma or exposure case to be compensable, there must be some non routine job related physical exertion or some form of repeated physical trauma for a claim to be compensable, i.e., mental stress alone is not sufficient for the repeated trauma or exposure theory of compensability to be effected. In the case of exposure which exaggerates a preexisting condition or causes a new injury, that exposure must be of a physical nature, be it some deleterious substance or extreme environmental condition.Supreme Court determined that the aggravation of a preexisting multiple sclerosis as a result of job related stress is not compensable. Stress alone without physical trauma is not compensable. In order for there to be an aggravation of a preexisting condition, job related physical exertion or some form of repeated physical trauma is necessary as opposed to solely mental stress.In reviewing a determination by a Judge of Compensation Claims, the proper test is whether there is any competent and substantial evidence to support the judge's findings. As is true in almost every other similar competent and substantial evidence case, there are conflicts in the evidence and some evidence that would support a finding that the judge erred. However, this is not the issue to be considered on appeal. The proper issue is whether there is competent and substantial evidence to support the judge's findings.
