Batson Cook Co. v. Thomas, No. 92-4092

• Court: Court of Appeal of Florida (US)
• Writing for the Court: WEBSTER; KAHN; JOANOS; JOANOS
• Citation: 635 So.2d 991
• Parties: 19 Fla. L. Weekly D881 BATSON COOK COMPANY and ITT Hartford, Appellants, v. Billy Edward THOMAS, Appellee.
• Decision Date: 19 April 1994
• Docket Number: No. 92-4092

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635 So.2d 991 19 Fla. L. Weekly D881 BATSON COOK COMPANY and ITT Hartford, Appellants,
v.
Billy Edward THOMAS, Appellee. No. 92-4092. District Court of Appeal of Florida,
First District. April 19, 1994.

Page 992

Susan M. Jenson of Osborne, McNatt, Shaw, O'Hara, Brown & Obringer, P.A., Jacksonville, for appellants.

Joy A. Lordahl, Jacksonville, for appellee.

WEBSTER, Judge.

In this workers' compensation case, the employer and carrier seek review of an order awarding claimant benefits, including temporary and permanent total disability, on account of a heart attack which occurred in the course of claimant's employment. We conclude that the finding of the judge of compensation claims regarding the length of claimant's employment was erroneous, causing him to misapply the law in determining that, at the time of the heart attack, claimant was engaged in work involving exertion nonroutine to his job. Accordingly, we reverse and remand for further proceedings.

At the time of the heart attack in question, claimant was 55 years old. He had worked as a carpenter for some twenty-seven years. He had had open heart surgery in 1980, and again in 1988. After the latter surgery, he had been released to return to work, with no restrictions.

Claimant was first hired by the employer in 1989 to do trim work in connection with the construction of a school in Jacksonville, where he lived. The building had already been erected, and he worked inside. He was provided a helper, and was able to work pretty much at his own pace. After approximately seven months, claimant was moved to another school project. Again, he worked inside doing trim work; and, again, he had a helper and was able to work pretty much at his own pace. When the second job had been completed, claimant left work. He was unemployed for approximately six months.

In June 1991, claimant applied for and was given a job with the employer at a project in Gainesville, which involved the construction of a large department store. Claimant knew when he accepted the job that it would require that he work outside in the sun; and that, in addition to normal trim work, he would be expected to install door frames. He recognized that his job duties would be different from those he had had on the prior two jobs. He had worked outside in the sun and heat many times during his career, and found nothing unusual about such a requirement. Similarly, he was familiar with the fact that projects such as that for which he had been hired often experienced delays because of rain, and that it was necessary to work at an increased pace to try to catch up.

Claimant started working on the jobsite around July 8, 1991. For the first two weeks, the project had not progressed to a point where claimant was required to perform the work for which he had been hired. As a result, claimant did odd carpentry work, such as building porches and railings for the construction trailer. Although he worked in the sun, he was able to pace himself. It rained almost every day, causing the project to fall behind.

On Monday, July 22, 1991, claimant began the work he had been hired to do. He started working at about 7:00 a.m. setting a door frame. He was "[d]oing what [he] was hired to do." The weather was sunny, hot and humid. Although nobody had suggested that he do so, claimant was "rushing" because he knew that the project was behind schedule. As he was finishing the first door frame, claimant began to experience chest pain. He went and sat in the air-conditioned

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construction trailer until he felt somewhat better. He knew that he had one more door frame...