Herrin Transp. Co. v. Cothren, 34270
| Decision Date | 17 November 1965 |
| Docket Number | No. 34270,34270 |
| Parties | HERRIN TRANSPORTATION COMPANY and Southwestern Claims Adjustment Company, Petitioners and Cross-Respondents, v. Fred COTHREN, Respondent and Cross-Petitioner, and Florida Industrial Commission, Respondent. |
| Court | Florida Supreme Court |
Howell, Kirby, Montgomery & Sands, Jacksonville, for petitioners and cross-respondents.
Rogers, Towers, Bailey, Jones & Gay and B. T. Miller, Jacksonville, for respondent and cross-petitioner.
Patrick H. Mears, Tallahassee, and J. Franklin Garner, Lakeland, for respondent.
The petitioner, a self-insured employer, is unhappy about the order of the Full Commission affirming one of the deputy commissioner entered 16 July 1964.
The claimant, Fred Cothren, now respondent, was employed to drive trucks and handle freight. During his service he had undergone some back injuries. Finally on 28 October 1963 while in the course of his employment he injured his low back as he moved a 450-pound crate. The employer accepted the injury as compensable and the workman was paid temporary total disability benefits until 23 April of that year. Furthermore, he was given medical care from the date of the occurrence until 19 February 1964. He was first treated by Dr. Mitchell, an industrial surgeon, with whom, in a month, the claimant became dissatisfied. The employer then sent him to Dr. Thompson, orthopedic surgeon. Ten days later he was released by these two doctors for return to work. This disposition was unacceptable to the claimant so on his own account he consulted Dr. Todd, another orthopedic surgeon, who sent him to Dr. Lyerly, who recommended consideration of a myelogram. The employer assumed responsibility for the charges of Dr. Todd and acquiesced in the treatment by Dr. Lyerly.
About the time claimant entered the hospital in preparation for the myelogram he displayed symptoms of bronchial trouble and Dr. Lyerly told him to consult his personal physician whereupon Dr. Gatling became the fifth physician to enter the picture. Late in March 1964 the claimant consulted Dr. Sapp who treated his chest condition. Soon afterward he suffered a massive myocardial infarction and for this condition he was treated by Dr. Williams, internist and cardiologist. Two months later he was examined by Dr. Baker, another internist and cardiologist.
There was a variety of opinion among the doctors about the traceability of the heart and chest infirmities to the industrial accident. The deputy faithfully appraised the testimony and undertook to resolve the conflicts. One of the eight physicians, all eminently qualified, observed, with reference to the different opinions, 'Oh, yes, doctors disagree over everything.'
The deputy found that the respiratory difficulties were entirely related to the accident and subsequent hospitalization and ordered the employer to pay temporary total compensation and bear the cost of treatment as long as claimant's condition endured. He attributed 75% of the heart...
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Reynolds v. Whitney Tank Lines
...initial accident) is whether the heart attack is causally related to the accident. Representative cases include Herrin Transportation Company v. Cothren, 180 So.2d 338 (Fla.1965) and Sosenko v. American Airmotive Corporation, 156 So.2d 489 The second category comprises those cases where the......