Caputo v. ABC Fine Wine & Spirits, No. 1D11–4962.

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM.
Citation93 So.3d 1097
PartiesMichael CAPUTO, Appellant, v. ABC FINE WINE & SPIRITS/Alternative Service Concepts, Inc., Appellees.
Docket NumberNo. 1D11–4962.
Decision Date14 August 2012

93 So.3d 1097

Michael CAPUTO, Appellant,
v.
ABC FINE WINE & SPIRITS/Alternative Service Concepts, Inc., Appellees.

No. 1D11–4962.

District Court of Appeal of Florida,
First District.

July 11, 2012.
Rehearing Denied Aug. 14, 2012.



Bill McCabe, Longwood, and Steven Pyle, Maitland, for Appellant.

Brian T. Hanley, Winter Park, for Appellees.


PER CURIAM.

In this workers' compensation case, Claimant suffered a closed-head injury while engaged in the duties of his job on the premises of his Employer. The Judge of Compensation Claims (JCC) ruled that the injury was idiopathic and not compensable because Claimant failed to prove that his employment involved an exertion greater than that performed during his daily life. Because the JCC applied the wrong test for determining compensability, we reverse.

FACTS

On March 3, 2010, Claimant, an electrician for the Employer, fell and hit his head on the floor while cutting down shelving with a saw in the Employer's store. Claimant was diagnosed with left temporal hemorrhage, seizure disorder possibly secondary to the left temporal hemorrhage, and toxic encephalopathy secondary to the

[93 So.3d 1098]

left temporal hemorrhage. There is no dispute that Claimant was on the Employer's premises and performing one of his job duties when injured.

Claimant filed a petition for benefits seeking a determination that the industrial accident was compensable, temporary total disability benefits from March 3, 2010, to the present and continuing, penalties, interest, attorney's fees, and costs. The Employer/Carrier (E/C) denied the claim on the basis that Claimant's fall resulted either from a pre-existing or idiopathic condition.

Although Claimant recalled working that day, Claimant has no recollection of how the accident occurred. Claimant's independent medical examiner (IME), Dr. Ira. Goodman, opined that, rather than a seizure or fainting spell, Claimant's head impacting the floor caused Claimant's closed-head injuries. Dr. Goodman was unable to state within a reasonable degree of medical certainty whether any factor related to Claimant's employment caused the fall. The E/C's IME, Dr. Anthony Shydohub, also opined that the blow to Claimant's head from the floor, and not the fall, caused his brain to hemorrhage. Claimant's medical records indicate that in February 2008 (some two years before the accident here at issue) Claimant fell in the shower, resulting in a 10–second loss of consciousness, head trauma, and concussion.

In the final order, the JCC, after acknowledging inherent discrepancies in the only eyewitness's account of Claimant's fall, and citing to...

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10 practice notes
  • Sedgwick CMS v. Valcourt-Williams, No. 1D17-96
    • United States
    • Court of Appeal of Florida (US)
    • 5 Abril 2019
    ...Assisted Living , 95 So.3d 942 (Fla. 1st DCA 2012) (foot slip while walking the hallway compensable); Caputo v. ABC Fine Wine & Spirits , 93 So.3d 1097 (Fla. 1st DCA 2012) (fall with resulting head injury such that claimant did not know how the accident occurred compensable); Lanham v. Dep'......
  • City of Jacksonville v. Ratliff, CASE NO. 1D15–5844
    • United States
    • Court of Appeal of Florida (US)
    • 13 Abril 2017
    ...MCC is extraneous. See Walker v. Broadview Assisted Living , 95 So.3d 942 (Fla. 1st DCA 2012) ; Caputo v. ABC Fine Wine & Spirits , 93 So.3d 1097 (Fla. 1st DCA 2012) ; Proctor . It matters not the percentage of responsibility assigned to one or more of the non-industrial causation factors. ......
  • Silberberg v. Palm Beach Cnty. Sch. Bd., 1D20-75
    • United States
    • Court of Appeal of Florida (US)
    • 16 Febrero 2022
    ...his injury is compensable simply because he fell at work. She also rejected Silberberg's reliance on Caputo v. ABC Fine Wine & Spirits , 93 So. 3d 1097 (Fla. 1st DCA 2012), which he used to support his contention there is 1) a presumption in favor of a compensable accident when an injury oc......
  • Soya v. Health First, Inc., 1D21-59
    • United States
    • Court of Appeal of Florida (US)
    • 21 Febrero 2022
    ...of fault as a cause for the injury,’ and the rationale underlying this court's holdings in Caputo [v. ABC Fine Wine & Spirits , 93 So. 3d 1097 (Fla. 1st DCA 2012) ] and Walker [v. Broadview Assisted Living , 95 So. 3d 942 (Fla. 1st DCA 2012) ], that where an unexplained fall happens while C......
  • Request a trial to view additional results
10 cases
  • Sedgwick CMS v. Valcourt-Williams, No. 1D17-96
    • United States
    • Court of Appeal of Florida (US)
    • 5 Abril 2019
    ...Assisted Living , 95 So.3d 942 (Fla. 1st DCA 2012) (foot slip while walking the hallway compensable); Caputo v. ABC Fine Wine & Spirits , 93 So.3d 1097 (Fla. 1st DCA 2012) (fall with resulting head injury such that claimant did not know how the accident occurred compensable); Lanham v. Dep'......
  • City of Jacksonville v. Ratliff, CASE NO. 1D15–5844
    • United States
    • Court of Appeal of Florida (US)
    • 13 Abril 2017
    ...MCC is extraneous. See Walker v. Broadview Assisted Living , 95 So.3d 942 (Fla. 1st DCA 2012) ; Caputo v. ABC Fine Wine & Spirits , 93 So.3d 1097 (Fla. 1st DCA 2012) ; Proctor . It matters not the percentage of responsibility assigned to one or more of the non-industrial causation factors. ......
  • Silberberg v. Palm Beach Cnty. Sch. Bd., 1D20-75
    • United States
    • Court of Appeal of Florida (US)
    • 16 Febrero 2022
    ...his injury is compensable simply because he fell at work. She also rejected Silberberg's reliance on Caputo v. ABC Fine Wine & Spirits , 93 So. 3d 1097 (Fla. 1st DCA 2012), which he used to support his contention there is 1) a presumption in favor of a compensable accident when an injury oc......
  • Soya v. Health First, Inc., 1D21-59
    • United States
    • Court of Appeal of Florida (US)
    • 21 Febrero 2022
    ...of fault as a cause for the injury,’ and the rationale underlying this court's holdings in Caputo [v. ABC Fine Wine & Spirits , 93 So. 3d 1097 (Fla. 1st DCA 2012) ] and Walker [v. Broadview Assisted Living , 95 So. 3d 942 (Fla. 1st DCA 2012) ], that where an unexplained fall happens while C......
  • Request a trial to view additional results

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