Festa v. Teleflex, Inc., No. QQ-431
| Court | Florida District Court of Appeals |
| Writing for the Court | PER CURIAM; MILLS, C. J., and McCORD; BOOTH; BOOTH |
| Citation | 382 So.2d 122 |
| Parties | Michael R. FESTA, Appellant, v. TELEFLEX, INC. and Reliance Insurance Company, Appellees. |
| Docket Number | No. QQ-431 |
| Decision Date | 02 April 1980 |
Page 122
v.
TELEFLEX, INC. and Reliance Insurance Company, Appellees.
Jim D. Syprett, of Crabtree, Butler, Syprett & Meshad, Sarasota, for appellant.
Richard R. Crooke, of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellees.
PER CURIAM.
Festa seeks review of an order from the judge of industrial claims finding that he did not suffer an occupational disease or a compensable accident. We reverse.
Page 123
Festa began working for Teleflex, Inc. in January or February 1978. He made plastic plugs by first releasing molten plastic into a mold and then removing the excess plastic from the plug be pulling it off with pliers. This required a twisting and turning action of the wrist while exerting 30-40 lbs. of pressure, and Festa made from 500-900 plugs per workshift. The job was ordinarily performed by two persons, but Festa worked alone for approximately 45 days before he began experiencing difficulties with his hands.
Around June 2, 1978, the fingers of Festa's right hand began to get numb; he switched to using his left hand, and the fingers of his left hand became numb. He reported this to his employer and saw Dr. Grindal, a neurologist, on June 26, 1978.
Dr. Grindal testified that Festa's underlying diabetic condition could have weakened the wrist area, making Festa more susceptible to damage from the repeated trauma, but the primary factor in the development of the carpal tunnel syndrome was Festa's work.
The judge of industrial claims held there was no competent, substantial evidence upon which to award benefits for disability arising out of an occupational disease and that Festa had not suffered an accident within the meaning of the Act. Because we hold that claimant did suffer an accident, we do not rule on the question of occupational disease.
Florida has a long, well established history of awarding compensation benefits to workers who are injured by exposure to deleterious substances. Orr v. Florida Industrial Commission, 129 Fla. 369, 176 So. 172 (1937) (intense heat); Meehan v. Crowder, 158 Fla. 361, 28 So.2d 435 (1946) (exposure to mercury); Czepial v. Krohne Roofing Co., 93 So.2d 84 (Fla.1957) (exposure to dust and fumes). However, benefits have almost routinely been denied to workers whose injuries resulted from repeated minor traumas. S.H. Kress & Co. v. Burkes, 153 Fla. 868, 16 So.2d 106 (1944) (tenosynovitis caused by constant and repeated strain); Tyler v. Homestead Canning Co., 5 FCR 58 (1962) (tenosynovitis from peeling tomatoes).
In Keller Building Products of St. Petersburg v. Shirley, IRC Order 2-3263, cert. denied 362 So.2d 1054 (Fla.1978), the IRC resolved this disparate treatment by classifying repeated trauma as a facet of exposure, thereby bringing repeated trauma cases within the ambit of the exposure rationale. In Keller, the Commission...
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Massie v. University of Florida, No. BN-98
...not be relitigated under section 440.28. In reviewing the original order on appeal, this court's opinion cited Festa v. Teleflex, Inc., 382 So.2d 122 (Fla. 1st DCA) pet. for rev. denied, 388 So.2d 1119 (Fla.1980), for the rule of law that a showing of unusual and excessive stress as a resul......
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Zundell v. Dade County School Bd., No. 91-1848
...and has been provided for in a number of situations. See, e.g., Sec. 440.151, Fla.Stat. (occupational diseases); Festa v. Teleflex, Inc., 382 So.2d 122 (Fla. 1st DCA 1990) (repetitive trauma or exposure), rev. denied, 388 So.2d 1119 6 "Injury" is defined, in part, as "persona......
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McKeever Custom Cabinets v. Smith, No. 84-1317
...are Service Pharmacy v. Cox, 252 Ark. 313, 478 S.W.2d 749 (1972) (long hours standing on concrete floor); Festa v. Teleflex, Inc., 382 So.2d 122 (Fla.App.), pet. for rev. denied, 388 So.2d 1119 (Fla.1980) (carpal trauma syndrome of wrists from repeated turning and twisting of plastic moldin......
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David v. National Railroad Passenger Corp., No. 2D00-815.
...unsupported, and do not reflect even a scintilla of scientific knowledge or validity." 3. See, e.g., Festa v. Teleflex, 382 So.2d 122 (Fla. 1st DCA 1980); Attala County Nursing Center v. Moore, 760 So.2d 784 (Miss.App. 2000); Tolbert v. Alascom, Inc., 973 P.2d 603 (Alaska 1999); Morgan......
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Massie v. University of Florida, No. BN-98
...not be relitigated under section 440.28. In reviewing the original order on appeal, this court's opinion cited Festa v. Teleflex, Inc., 382 So.2d 122 (Fla. 1st DCA) pet. for rev. denied, 388 So.2d 1119 (Fla.1980), for the rule of law that a showing of unusual and excessive stress as a resul......
-
Zundell v. Dade County School Bd., No. 91-1848
...and has been provided for in a number of situations. See, e.g., Sec. 440.151, Fla.Stat. (occupational diseases); Festa v. Teleflex, Inc., 382 So.2d 122 (Fla. 1st DCA 1990) (repetitive trauma or exposure), rev. denied, 388 So.2d 1119 6 "Injury" is defined, in part, as "personal injury or dea......
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McKeever Custom Cabinets v. Smith, No. 84-1317
...are Service Pharmacy v. Cox, 252 Ark. 313, 478 S.W.2d 749 (1972) (long hours standing on concrete floor); Festa v. Teleflex, Inc., 382 So.2d 122 (Fla.App.), pet. for rev. denied, 388 So.2d 1119 (Fla.1980) (carpal trauma syndrome of wrists from repeated turning and twisting of plastic moldin......
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David v. National Railroad Passenger Corp., No. 2D00-815.
..."insufficient, unsupported, and do not reflect even a scintilla of scientific knowledge or validity." 3. See, e.g., Festa v. Teleflex, 382 So.2d 122 (Fla. 1st DCA 1980); Attala County Nursing Center v. Moore, 760 So.2d 784 (Miss.App. 2000); Tolbert v. Alascom, Inc., 973 P.2d 603 (Alaska 199......