Cases

Claiming repetitive trauma injuries in 1999 and 2008 for a diagnosed carpal tunnel syndrome, JCC's orders denied benefits finding no compensable accidents.  A third repetitive trauma injury was alleged in 2010 which the JCC denied because of the fact that there was no showing of a change in the claimant's condition following the two previous denials of benefits.  Court determined that JCC erred in requiring a change of condition to prove the compensability of the third alleged repetitive trauma accident.  No change in condition need be shown given the claimant's allegation of a subsequent repetitive trauma injury because every exposure to a job related trauma constitutes a new accident.  The doctors in this case were unable to show that the claimant's medical findings following the alleged 2010 accident were different from the symptoms she had in 2007.  The court determined that this was not depositive of a claim based on repetitive trauma.  Repetitive trauma can be proven by demonstrating a series of occurrences, the cumulative effect of which is injury.

Section 440.09(1), Florida Statutes, requires that causation be established by clear and convincing evidence in cases of repetitive trauma or exposure.  There is no requirement that the claimant prove that the condition has changed or somehow worsened.  The proper legal standard is a showing by clear and convincing evidence that an accident occurred.  That is, that the injury and its occupational cause be established to a reasonable degree of medical certainty based on objective relative medical findings.