City of Miami v. Wilson, AV-264

• Decision Date: 19 July 1984
• Docket Number: No. AV-264,AV-264
• Citation: 453 So.2d 1165
• Parties: CITY OF MIAMI, Appellant, v. Kenneth WILSON, Appellee.
• Court: Florida District Court of Appeals

Page 1165

453 So.2d 1165

CITY OF MIAMI, Appellant, v. Kenneth WILSON, Appellee.

No. AV-264.

District Court of Appeal of Florida First District.

July 19, 1984.

Rehearing Denied Aug. 27, 1984.

Jose Garcia-Pedrosa, City Atty., and Gisela Cardonne, Asst. City Atty., Miami, for appellant.

Richard A. Sicking of Kaplan, Sicking, Hessen, Sugarman, Rosenthal, Susskind, Bloom & De Castro, P.A., Miami, for appellee.

WIGGINTON, Judge.

Appellant City of Miami, a self-insured employer, appeals the deputy commissioner's order finding appellee's mononucleosis compensable and directing appellant to pay appellee approximately three weeks of temporary total disability benefits and appellee's medical bills. We reverse.

Appellee, a thirty-eight year old firefighter/paramedic, allegedly contracted mononucleosis when, while attempting to provide emergency treatment to a self-avowed drug user, an intravenous needle that had been inserted into the arm of the rescuee, Mr. James, became dislodged and punctured appellee's hand. The evidence also shows that the rescuee spat into the face of appellee. Due to the puncture wound, appellee was treated at the emergency room of a hospital with shots to protect against hepatitis. Several weeks later, appellee was diagnosed as having mononucleosis, as a result of which he missed approximately three weeks of work.

At deposition, a hypothetical question framing the composite factual situation of this case was posed to Dr. Henriquez, the treating physician, who responded: "My opinion is that it is very possible that Mr. Wilson got mononucleosis from that source [James]." Upon closer inquiry, he amended his word "possible" to "probable." He further stated that for James to have transmitted mononucleosis to appellee, James obviously would have had to have been a carrier of the disease. Relying on the testimony of Dr. Henriquez, the deputy commissioner found that appellee's mononucleosis was compensable and awarded benefits accordingly.

We agree with appellant that the deputy commissioner erred in his ruling due to the fact that appellee failed to adequately show a causal connection between an industrial injury and his contraction of mononucleosis. Although appellee produced proof of a work related injury, the puncture wound, he presented absolutely no evidence to show that James either had mononucleosis or was a carrier thereof. Thus, there is no proof that appellee's contact with James through the puncture wound or saliva was the...