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.
Closet Maid v. Sykes (en banc)
25 FLW D459
Treating physician testified the claimant's need for
surgery was 75% related to a preexisting condition and
25% related to an on-the-job accident. Prior to
compensable accident, claimant had been asymptomatic in
regards to his pre-existing congenital back condition.
Based on the entirety of the evidence, including
medical and non-medical testimony, JCC ruled that
accident on-the-job was the major contributing cause of
the claimant's need for medical care. Benefits were
accordingly awarded. On appeal, court determined that
there was sufficient evidence to support a finding of
major contributing cause but remanded case to JCC to
ensure that judge's decision was in accordance with law
announced in this en banc decision.
In defining "major contributing cause," the court
determined that the workplace accident must be greater
than any other cause contributing to the disability or
need for treatment. There is no requirement that the
industrial accident must account for more than 50% of
the resulting injuries. Instead, the workplace
accident must be greater in significance than any other
single cause. The finding of major contributing cause
can be supported by medical or lay testimony, or both,
depending on the circumstances involved. In some cases,
the connection between the accident and the injury may
be so clear that there is no need for medical proof.
For example, if a claimant has a head trauma and
suffers organic brain damage. To the contrary, medical
evidence may be essential when the circumstances do not
permit causation to be determined by observation. For
example, when the question arises as to the causal
relationship between an on-the-job accident and
psychiatric problems. The question of major
contributing cause is an issue of fact and the judge's
decision in this regard is reviewable on appeal based
on the competent and substantial evidence test.
Concurring opinions and dissenting opinions.
Miami-Dade County v. Mitchell, 754 So.2d 773 (1st DCA
2000).
