Grenon v. City of Palm Harbor Fire Dist., No. 92-2905

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM
Citation634 So.2d 697
Parties19 Fla. L. Weekly D581 Richard Alan GRENON, Appellant, v. CITY OF PALM HARBOR FIRE DISTRICT, et al., Appellees.
Decision Date15 March 1994
Docket NumberNo. 92-2905

Page 697

634 So.2d 697
19 Fla. L. Weekly D581
Richard Alan GRENON, Appellant,
v.
CITY OF PALM HARBOR FIRE DISTRICT, et al., Appellees.
No. 92-2905.
District Court of Appeal of Florida,
First District.
March 15, 1994.
Rehearing Denied May 3, 1994.

Page 698

Richard A. Sicking, Miami, for appellant.

Donald S. Bennett of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for appellees.

PER CURIAM.

In this worker's compensation appeal, claimant Richard Grenon appeals the order of the judge of compensation claims (JCC) determining that claimant's injury did not arise out of his employment and denying compensation therefor. We affirm.

Claimant was a firefighter employed by the City of Palm Harbor. He worked every third day on the 8:00 a.m. to 8:00 a.m. shift. Claimant's duties required him to live on the employer's premises while on duty for each twenty-four hour shift. On April 28, 1991, a day on which claimant was on twenty-four hour duty, claimant took his evening shower at approximately 6:00 p.m. and strained his back while putting on his underwear after the shower. Claimant began receiving chiropractic care the following day and was off of work through May 10, 1991.

Claimant testified that he first injured his back at work on November 13, 1987, while carrying a 150 lb. dummy over his shoulder during a rescue drill. Claimant did not lose any time off of work except for the day of the accident. Claimant received only three or four adjustments from Dr. Astrab, paid by the employer. Claimant testified that he had no further complaints until the instant injury of April 28, 1991. Dr. Astrab testified that after the initial injury she treated claimant again in 1990, but she also testified that claimant had completely recovered by May of 1990.

In her testimony and in a letter submitted into evidence, Dr. Astrab described claimant's condition as follows. X-rays taken on November 16, 1987, revealed some congenital abnormalities and mechanically dysfunctional joints in the L4-5 area. After the initial workplace injury, claimant was treated and discharged from active care on January 13, 1988. Claimant returned for treatment three times in May 1990. Claimant was not seen again until April 29, 1991, when he complained of acute low back pain. Claimant told Dr. Astrab that the pain occurred when he was putting on his pants after showering. Dr. Astrab opined that "this is not uncommon, and a minor action like this may exacerbate a previous old injury or unstable condition."

The JCC issued an order finding that the bunkhouse rule does not eliminate the requirement that the cause of the injury should be a risk distinctly associated with the conditions with which the claimant lived--the increased hazard doctrine. The JCC further found that claimant's back strain may have been an aggravation of a pre-existing condition which included a previously compensable injury to his back while employed by the same employer. The JCC found that Grenon's act of putting on his underwear was an

Page 699

activity encountered in his everyday life, and found that the injury did not arise from Grenon's employment with the City, despite the fact that claimant was on call on...

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8 practice notes
  • Sedgwick CMS v. Valcourt-Williams, No. 1D17-96
    • United States
    • Court of Appeal of Florida (US)
    • April 5, 2019
    ...Medeiros v. Residential Cmtys. of Am. , 481 So.2d 92, 93 (Fla. 1st DCA 1986) ; 271 So.3d 1136 Grenon v. City of Palm Harbor Fire Dist. , 634 So.2d 697, 699 (Fla. 1st DCA 1994) ("The employment must, in some way, contribute an ‘increased risk’ of injury peculiar to that employment; othe......
  • Brasington Cadillac-Oldsmobile v. Martin, CADILLAC-OLDSMOBILE and C
    • United States
    • Court of Appeal of Florida (US)
    • August 11, 1994
    ...147 (Fla.1955); Bituminous Casualty Corp. v. Richardson, 148 Fla. 323, 4 So.2d 378 (1941); Grenon v. City of Palm Harbor Fire Dist., 634 So.2d 697 (Fla. 1st DCA 1994); Hillsborough County Sch. Bd. v. Williams, 601 So.2d 624 (Fla. 1st DCA 1992); Medeiros v. Residential Communities of America......
  • Bryant v. David Lawrence Mental Health Center, No. 95-1411
    • United States
    • Court of Appeal of Florida (US)
    • April 26, 1996
    ...(Fla.1989); Acker v. Charles R. Burklew Const., 654 So.2d 1211, 1212 (Fla. 1st DCA 1995); Grenon v. City of Palm Harbor Fire District, 634 So.2d 697, 699 (Fla. 1st DCA), review denied mem., 649 So.2d 233 (Fla.1994). That argument is misplaced, because each of those cases is factually distin......
  • Silberberg v. Palm Beach Cnty. Sch. Bd., 1D20-75
    • United States
    • Court of Appeal of Florida (US)
    • February 16, 2022
    ...by industry, not "to take the place of general health and accident insurance"); Grenon v. City of Palm Harbor Fire Dist. , 634 So. 2d 697, 699 (Fla. 1st DCA 1994) (noting that the workers’ compensation law is not so broad as "to allow recovery for all injuries occurring in th......
  • Request a trial to view additional results
8 cases
  • Sedgwick CMS v. Valcourt-Williams, No. 1D17-96
    • United States
    • Court of Appeal of Florida (US)
    • April 5, 2019
    ...Medeiros v. Residential Cmtys. of Am. , 481 So.2d 92, 93 (Fla. 1st DCA 1986) ; 271 So.3d 1136 Grenon v. City of Palm Harbor Fire Dist. , 634 So.2d 697, 699 (Fla. 1st DCA 1994) ("The employment must, in some way, contribute an ‘increased risk’ of injury peculiar to that employment; otherwise......
  • Brasington Cadillac-Oldsmobile v. Martin, CADILLAC-OLDSMOBILE and C
    • United States
    • Court of Appeal of Florida (US)
    • August 11, 1994
    ...147 (Fla.1955); Bituminous Casualty Corp. v. Richardson, 148 Fla. 323, 4 So.2d 378 (1941); Grenon v. City of Palm Harbor Fire Dist., 634 So.2d 697 (Fla. 1st DCA 1994); Hillsborough County Sch. Bd. v. Williams, 601 So.2d 624 (Fla. 1st DCA 1992); Medeiros v. Residential Communities of America......
  • Bryant v. David Lawrence Mental Health Center, No. 95-1411
    • United States
    • Court of Appeal of Florida (US)
    • April 26, 1996
    ...(Fla.1989); Acker v. Charles R. Burklew Const., 654 So.2d 1211, 1212 (Fla. 1st DCA 1995); Grenon v. City of Palm Harbor Fire District, 634 So.2d 697, 699 (Fla. 1st DCA), review denied mem., 649 So.2d 233 (Fla.1994). That argument is misplaced, because each of those cases is factually distin......
  • Silberberg v. Palm Beach Cnty. Sch. Bd., 1D20-75
    • United States
    • Court of Appeal of Florida (US)
    • February 16, 2022
    ...produced by industry, not "to take the place of general health and accident insurance"); Grenon v. City of Palm Harbor Fire Dist. , 634 So. 2d 697, 699 (Fla. 1st DCA 1994) (noting that the workers’ compensation law is not so broad as "to allow recovery for all injuries occurring in the work......
  • Request a trial to view additional results

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