Gardinier, Inc. v. Coker, No. 89-02345

CourtCourt of Appeal of Florida (US)
Writing for the CourtWOLF; SHIVERS, C.J., and BOOTH
Citation564 So.2d 254
Parties15 Fla. L. Weekly D1891 GARDINIER, INC. and Crawford & Company, Appellants, v. Roscoe COKER, Appellee.
Docket NumberNo. 89-02345
Decision Date23 July 1990

Page 254

564 So.2d 254
15 Fla. L. Weekly D1891
GARDINIER, INC. and Crawford & Company, Appellants,
Roscoe COKER, Appellee.
No. 89-02345.
District Court of Appeal of Florida,
First District.
July 23, 1990.

Page 255

Nancy A. Lauten of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for appellants.

L. Mark Kaylor of Kaylor & Kaylor, Sebring, and Bill McCabe of Shepard, McCabe & Cooley, Longwood, for appellee.

WOLF, Judge.

The employer/carrier appeals a workers' compensation order which found that the heart attack of the claimant, Coker, was compensable. We affirm.

Claimant, a 58-year-old man, was employed by Gardinier, Inc. (employer) as a "dragline oiler" for approximately five years before his heart attack. A dragline is a piece of equipment used in phosphate mining, which requires two employees to operate. One is the dragline operator and the other is the oiler. The dragline oiler is responsible for maintaining the machine, keeping it greased and clean, and assisting in moving the dragline. The oiler's responsibility in the moving process primarily consists of moving and straightening large electrical power cables used by the dragline.

A normal-eight-hour day for the claimant is from 7:00 a.m. to 3:00 p.m. If no move is to be made on a day, the operator begins to dig, and the oiler periodically oils or greases the boom on the machine or sweeps or washes the cab. On a day when a normal move is required, claimant would spend no longer than five or 10 minutes picking up the cable for the move.

A dragline is usually moved a short distance every one or two days. A normal move is between four and five "steps," and a step is approximately seven feet. Longer moves are only required when the dragline is moved to a new job site area. The crane and dragline which the claimant was working on had been in the same area for three to three and one-half years. Testimony from various witnesses indicated that normally moves of this type do not occur more frequently than once a year.

On March 7 and 8, the claimant was involved in making a move of the dragline to a new site. The planned move was two miles and was to take four days. On the day of the planned move, there were brake problems with the dragline which caused it to swing to the left upon the completion of a step. There was testimony that this made claimant's job "10 times harder" because he had to keep the cable pulled back so the crane would not come down on it.

In preparation for the longer move, the claimant had to hook up three to five loops of cable in a sling hook on the shoe of the crane. When claimant reached to hook the cable to move the sling, he felt his first chest pains. It was approximately 7:30 a.m. on March 7. The claimant continued to...

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