Central Concrete Co., Inc. v. Harris

Decision Date18 September 1985
Docket NumberNo. BD-425,BD-425
Citation10 Fla. L. Weekly 2161,475 So.2d 1300
Parties10 Fla. L. Weekly 2161 CENTRAL CONCRETE CO., INC. and Risk Management Services, Inc., Appellant, v. Rufus HARRIS, Appellee.
CourtFlorida District Court of Appeals

Jere N. Chait of Miller, Hodges & Kagan, Miami, for appellant.

Howard L. Silverstein, Miami, for appellee.

SHIVERS, Judge.

Employer/Carrier, Central Concrete Co., Inc./Risk Management Services, Inc., appeal the deputy commissioner's order that claimant's automobile accident occurring subsequent to his industrial accident is compensable. They also appeal certain wage-loss benefits awarded. We affirm in part, reverse in part, and remand.

Claimant initially injured his back in a compensable accident on January 10, 1980. He received various benefits to which he was entitled as an injured employee, including rehabilitation services pursuant to section 440.49(1)(a), Florida Statutes. With the help of Barry Green Rehabilitation Services, Inc., claimant engaged in an extensive work search.

On July 14, 1983, claimant was offered a job as a security guard at Globe Security. He was instructed by Barry Green Rehabilitation Services that if he needed anything, he was to contact them for further assistance. When he appeared for work on July 15 at Globe Security, the claimant, due to unrelated foot problems, was shod in sandals, which were deemed inappropriate by the new employer.

Thereupon, the claimant contacted Barry Green Rehabilitation Services, and an employee of Barry Green agreed to take the claimant to obtain suitable work shoes on July 16, a Saturday. While on the way that day to purchase the shoes, the car in which the claimant was riding was struck from the rear, injuring claimant's low back. The employee of Barry Green Rehabilitation Services was driving his personal vehicle at the time and received $80 per week in expense money for its use. Records of Barry Green Rehabilitation Services contain the notation that "we make the determination to purchase shoes for him, and then take him to work to insure that he will not lose his position."

The deputy commissioner found that the claimant conducted a good faith job search between May 1, 1983 and July 15, 1983, prior to the second accident. He further found that the July 16, 1983 accident was an exacerbation and setback "causally related to his accident of January 10, 1980 and [is] compensable under that accident. Further, that the second accident arose out of and in the course of Claimant's employment and was not an independent intervening cause, and the Claimant is entitled to compensation for total disability from July 16, 1983 through October 31, 1983." The deputy commissioner awarded wage-loss benefits from May 1, 1983 through July 15, 1983, and from November 1, 1983 through May 31, 1984, based upon an adequate job search.

The Employer/Carrier (E/C) question the compensability of the accident occurring on July 16, 1983 as well as the adequacy of the job search.

We find and hold that the July 16, 1983 accident suffered by the claimant is not compensable. When a primary injury is shown to have arisen out of and in the course of employment, every natural consequence of that injury likewise arises out of the employment unless it is the...

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7 cases
  • City of Fort Walton Beach v. Grant
    • United States
    • Florida District Court of Appeals
    • 14 Abril 1989
    ... ... Hart Properties, Inc. v. Slack, 159 So.2d 236 (Fla.1964); Bilow v. Benoit, 519 ... ...
  • Telcon, Inc. v. Williams
    • United States
    • Florida District Court of Appeals
    • 19 Diciembre 1986
    ...opinion, I believe it is necessary that I point out the significant distinction between this case and Central Concrete Company, Inc. v. Harris, 475 So.2d 1300 (Fla. 1st DCA 1985), in which I participated and which was based in part on D'Angelo Plastering Company v. Isaac, 393 So.2d 1066 The......
  • Commercial Carrier Corp. v. Zellers
    • United States
    • Florida District Court of Appeals
    • 8 Abril 1991
    ... ... 1st DCA 1987); Central Concrete ... Co., Inc. v. Harris, 475 So.2d 1300 (Fla ... ...
  • IMC Phosphates Co. v. Prater
    • United States
    • Florida District Court of Appeals
    • 10 Marzo 2005
    ...In affirming the compensability award in Gustafson, 499 So.2d at 876, we quoted the following passage from Cent. Concrete Co., Inc. v. Harris, 475 So.2d 1300, 1301 (Fla. 1st DCA 1985): When a primary injury is shown to have arisen out of and in the course of employment, every natural conseq......
  • Request a trial to view additional results

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