Brito v. Advance Metal Products, Inc.
| Decision Date | 17 February 1971 |
| Docket Number | No. 39992,39992 |
| Citation | 244 So.2d 428 |
| Parties | Eloy BRITO, Petitioner, v. ADVANCE METAL PRODUCTS, INC., American Mutual Liability Insurance Company, and the Florida Department of Commerce, Industrial Relations Commission, Respondents. |
| Court | Florida Supreme Court |
Israel Abrams, Miami, and Judith A. Brechner, Miami Beach, for petitioner.
Anthony Reinert, of Adams, George & Wood, Miami, Patrick H. Mears and J. Franklin Garner, Tallahassee, for respondents.
We review on certiorari an order of the Industrial Relations Commission reversing an order of the Judge of Industrial Claims.
It appears from the record that the claimant, Eloy Brito, is a welder who for six years in such position with the employer, Advance Metal Products, Inc., has been exposed to smoke while welding. His sudden inability to breathe through his nose on July 23, 1968, while welding, was characterized by Dr. Sydney Wruble as a condition caused by the fumes and smoke which come from welding.
Although the claimant had the pre-existing condition of polyps in the nose, they were not disabling. Dr. Wruble testified that the constant exposure to the fumes brought the claimant to the point where he was unable to breathe because of the congestion and exposure. He also testified that irrespective of anticipating any future problems, the claimant's disability is somewhat in the realm of 5 to 10 per cent.
The order of the Industrial Relations Commission reversed the JIC because on the date of the accident the employee had not been exposed to more smoke than he normally encountered in his work for the past six years.
The Industrial Relations Commission quoted Dr. Wruble:
'I think over the years he has been exposed to these fumes, which finally brought it to a point--it brought him to the point where he was unable to breathe because of the congestion and the exposure.'
In addition, the Industrial Relations Commission noted that fumes other than from welding, such as automobile fumes or those from smoking, can also cause this condition.
It is contended by claimant that the Industrial Relations Commission violated the rule of Czepial v. Krohne Roofing Co., Fla.1957, 93 So.2d 84, at page 85, wherein it is said:
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Jenkins v. Ogletree Farm Supply
...a claimant is peculiarly susceptible that accelerates a claimant's pre-existing disability.' 93 So.2d at 86. In Brito v. Advance Metal Products, Inc., 244 So.2d 428 (Fla.1971) the claimant was employed as a welder for six years, during which time he was exposed to fumes and smoke. He had a ......
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Festa v. Teleflex, Inc.
...effects of the exposure must occur suddenly and be immediately related to an identifiable incident." See also, Brito v. Advance Metal Products, Inc., 244 So.2d 428, 429 (Fla.1971). In Worden v. Pratt and Whitney Aircraft, 256 So.2d 209 (Fla.1971), the court took a different approach. Worden......
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Worden v. Pratt and Whitney Aircraft
...instead of a single occurrence, the injury is the cumulated effect of a series of occurrences. As stated in Brito v. Advance Metal Products, Inc., 244 So.2d 428 (Fla.1971): 'In Victor Wine & Liquor, Inc. v. Beasley, Fla.1962, 141 So.2d 581, the Court in analyzing 'exposure' cases, points ou......