Lindsay v. TVS Trucking Co., Claims Center, No. 89-2422

CourtCourt of Appeal of Florida (US)
Writing for the CourtWOLF; SHIVERS; BOOTH; BOOTH
Citation565 So.2d 864
Parties15 Fla. L. Weekly D2086 Charles LINDSAY, Appellant, v. TVS TRUCKING COMPANY, CLAIMS CENTER, Appellee.
Decision Date13 August 1990
Docket NumberNo. 89-2422

Page 864

565 So.2d 864
15 Fla. L. Weekly D2086
Charles LINDSAY, Appellant,
v.
TVS TRUCKING COMPANY, CLAIMS CENTER, Appellee.
No. 89-2422.
District Court of Appeal of Florida,
First District.
Aug. 13, 1990.

Page 865

Howard G. Butler of Meyers and Mooney, P.A., Orlando, for appellant.

Michael Wall Jones of B.C. Pyle, P.A., Orlando, for appellee.

WOLF, Judge.

Claimant, Charles Lindsay, appeals a workers' compensation order denying the compensability of his injuries and benefits related thereto. Benefits were denied on the basis that claimant's compensable injury had healed with no residuals and that claimant's current complaints are as a result of a prior serious condition. Finding the record to be lacking in competent, substantial evidence to support these findings, we reverse.

In April 1986, while self employed, claimant suffered a broken left arm and left leg in an on-the-job fall. Claimant was admitted to the hospital and surgery was performed to repair both breaks. He was able to return to work in early 1987. Sometime after March 1987, claimant started working for appellee/employer (TVS Trucking, Inc.). On August 16, 1987, claimant slipped and fell on a loading dock while checking his loaded truck. Following the fall, claimant's shoulder became painful and swollen.

When claimant returned to Orlando on August 17, 1987, he reported the injury to his employer. Claimant was treated by a Dr. Brady, who diagnosed a deep contusion and told claimant to make a follow-up appointment. Claimant was reimbursed for this medical treatment by his employer one week later.

In about a week, after returning to work, claimant's arm began to get numb. He never kept his follow-up appointment with Dr. Brady. The claimant stated the reason was that he did not have the money.

Claimant left work for TVS Trucking in January 1988 and went to Tennessee with his family. While several co-workers testified that claimant was having some physical problems prior to leaving, he never reported the problem to the employer or requested to see the doctor again. While claimant was in Tennessee, he did not work.

About six months later, claimant returned to Orlando. He saw Dr. Christopher, an orthopedic surgeon, on November 9, 1988. Claimant complained of left shoulder pain, tingling in his left hand and decreased motion. Dr. Christopher saw claimant again on June 19, 1989.

Based upon his independent physical examination, the report of Dr. Baker who treated claimant for the 1987 injury, and the claimant's work history, Dr. Christopher's opinion was that the claimant needed physical therapy and evaluation of the cervical spine.

At a deposition, which was presented into evidence, Dr. Christopher was given a hypothetical situation indicating that claimant

Page 866

had a significant prior shoulder injury, that four months before...

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3 practice notes
  • Ullman v. City of Tampa Parks Dept., No. 91-3048
    • United States
    • Court of Appeal of Florida (US)
    • September 15, 1993
    ...43 (Fla. 1st DCA 1989); Severini v. Pan American Beauty School, Inc., 557 So.2d 896 (Fla. 1st DCA 1990); and Lindsay v. TVS Trucking Co., 565 So.2d 864 (Fla. 1st DCA 1990). We must determine, Page 871 then, whether the JCC failed to heed valid rules of law set out in these cases. In Philpot......
  • Turner v. G. Pierce Wood Memorial Hosp., No. 91-673
    • United States
    • Court of Appeal of Florida (US)
    • May 18, 1992
    ...medical condition, such as psychiatric illness, is "essentially a medical question," Lindsay v. TVS Trucking Co., 565 So.2d 864, 866 (Fla. 1st DCA 1990), and a single medical opinion is sufficient to establish the required causation, Thomas v. Salvation Army, 562 So.2d 746 (Fla. 1......
  • Patton v. Metal Industries, No. 93-353
    • United States
    • Court of Appeal of Florida (US)
    • May 18, 1994
    ...a medical question." Turner v. G. Pierce Wood Memorial Hospital, 600 So.2d 1153 (Fla. 1st DCA 1992); Lindsay v. TVS Trucking Co., 565 So.2d 864 (Fla. 1st DCA 1990). The JCC found that "Claimant's present neck condition was not caused nor aggravated by her industrial accident of Ju......
3 cases
  • Ullman v. City of Tampa Parks Dept., No. 91-3048
    • United States
    • Court of Appeal of Florida (US)
    • September 15, 1993
    ...43 (Fla. 1st DCA 1989); Severini v. Pan American Beauty School, Inc., 557 So.2d 896 (Fla. 1st DCA 1990); and Lindsay v. TVS Trucking Co., 565 So.2d 864 (Fla. 1st DCA 1990). We must determine, Page 871 then, whether the JCC failed to heed valid rules of law set out in these cases. In Philpot......
  • Turner v. G. Pierce Wood Memorial Hosp., No. 91-673
    • United States
    • Court of Appeal of Florida (US)
    • May 18, 1992
    ...medical condition, such as psychiatric illness, is "essentially a medical question," Lindsay v. TVS Trucking Co., 565 So.2d 864, 866 (Fla. 1st DCA 1990), and a single medical opinion is sufficient to establish the required causation, Thomas v. Salvation Army, 562 So.2d 746 (Fla. 1......
  • Patton v. Metal Industries, No. 93-353
    • United States
    • Court of Appeal of Florida (US)
    • May 18, 1994
    ...a medical question." Turner v. G. Pierce Wood Memorial Hospital, 600 So.2d 1153 (Fla. 1st DCA 1992); Lindsay v. TVS Trucking Co., 565 So.2d 864 (Fla. 1st DCA 1990). The JCC found that "Claimant's present neck condition was not caused nor aggravated by her industrial accident of Ju......

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