Orange County MIS Dept. v. Hak, No. 97-1870

CourtCourt of Appeal of Florida (US)
Writing for the CourtVAN NORTWICK
Parties23 Fla. L. Weekly D1047 ORANGE COUNTY MIS DEPARTMENT and Johns Eastern Company, Inc., Appellants, v. Margaret L. HAK, Appellee.
Docket NumberNo. 97-1870
Decision Date22 April 1998

Page 998

710 So.2d 998
23 Fla. L. Weekly D1047
ORANGE COUNTY MIS DEPARTMENT and Johns Eastern Company, Inc., Appellants,
v.
Margaret L. HAK, Appellee.
No. 97-1870.
District Court of Appeal of Florida,
First District.
April 22, 1998.

W. James Condry and Raymond L. Pott of Broussard, Condry & Morgan, Orlando, for Appellants.

Lawrence L. Lidfeldt, Maitland, for Appellee.

VAN NORTWICK, Judge.

In this workers' compensation case, Orange County MIS Department and Johns Eastern Company, Inc., the employer/carrier, appeal an order of the Judge of Compensation Claims (JCC) which found that claimant/appellee, Margaret L. Hak had suffered a compensable injury when she aggravated a pre-existing degenerative disc condition while running in the rain in high-heel shoes with documents clutched to her chest. The employer/carrier argues that the JCC erred in finding that the subject incident at claimant's workplace injury was the major contributing cause to the claimant's injury when the sole medical testimony is to the contrary. We agree and reverse.

Under the applicable statute, the claimant is required to show that the work performed in the course and scope of employment is "the major contributing cause" of the injury. See Hernando County School Board v. Dokoupil, 667 So.2d 275 (Fla. 1st DCA 1995). Section 440.02(32), Florida Statutes (Supp.1994), provides:

"Arising out of" pertains to occupational causation. An accidental death or injury arises out of employment if work performed in the course and scope of employment is the major contributing cause of the injury or death.

(Emphasis added). Similarly, section 440.09(1)(b), Florida Statutes (Supp.1994), provides:

Page 999

If an injury arising out of and the course of employment combines with a preexisting disease or condition to cause or prolong disability or need for treatment, the employer must pay compensation or benefits ... only to the extent that the injury arising out of and in the course of employment is and remains the major contributing cause of the disability or need for treatment.

(Emphasis added). As this court has recognized, the 1994 amendments to the workers' compensation law changed the prior case law definition of "arising out of" as used in chapter 440. Vigliotti v. K-mart Corp., 680 So.2d 466, 468 (Fla. 1st DCA 1996). Prior to the enactment of the current statutory definition:

in the absence of an idiopathic or preexisting condition, a claimant's employment had to constitute only a...

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15 practice notes
  • Closet Maid v. Sykes, No. 1D98-660.
    • United States
    • Court of Appeal of Florida (US)
    • 15 Febrero 2000
    ...must be greater than any other cause contributing to the disability or need for treatment. See Orange County MIS Department v. Hak, 710 So.2d 998 (Fla. 1st DCA Given this interpretation of the phrase "major contributing cause" in section 440.09(1)(b), Florida Statutes (Supp. 1994)......
  • Silberberg v. Palm Beach Cnty. Sch. Bd., 1D20-75
    • United States
    • Court of Appeal of Florida (US)
    • 16 Febrero 2022
    ...recognized that "there may be numerous contributing causes leading to an injury or disability." Orange Cnty. MIS Dep't v. Hak , 710 So. 2d 998, 999 (Fla. 1st DCA 1998). If there are, for an accident to be compensable, the "work performed in the course and scope of employment ......
  • Okeechobee Health Care v. Collins, No. 97-3362
    • United States
    • Court of Appeal of Florida (US)
    • 7 Octubre 1998
    ...employee or employer. (Amending language underlined.) We acknowledged this change in the law in Orange County MIS Department v. Hak, 710 So.2d 998, 999 n. 1 (Fla. 1st DCA 1998), and have implicitly applied the amended provision in other cases construing ambiguous statutory language. See Bra......
  • B & L SERVICES, INC. v. COACH USA, No. 1D00-1570.
    • United States
    • Court of Appeal of Florida (US)
    • 18 Junio 2001
    ...use the definite article `the,' and not `a,' before the term `major contributing cause.'" Orange County MIS Dep't. v. Hak, 710 So.2d 998, 999 (Fla. 1st DCA It is ... no longer enough for an injured worker to show that a workplace accident is causally related [to] a particular 791 So.2d......
  • Request a trial to view additional results
15 cases
  • Closet Maid v. Sykes, No. 1D98-660.
    • United States
    • Court of Appeal of Florida (US)
    • 15 Febrero 2000
    ...must be greater than any other cause contributing to the disability or need for treatment. See Orange County MIS Department v. Hak, 710 So.2d 998 (Fla. 1st DCA Given this interpretation of the phrase "major contributing cause" in section 440.09(1)(b), Florida Statutes (Supp. 1994)......
  • Silberberg v. Palm Beach Cnty. Sch. Bd., 1D20-75
    • United States
    • Court of Appeal of Florida (US)
    • 16 Febrero 2022
    ...recognized that "there may be numerous contributing causes leading to an injury or disability." Orange Cnty. MIS Dep't v. Hak , 710 So. 2d 998, 999 (Fla. 1st DCA 1998). If there are, for an accident to be compensable, the "work performed in the course and scope of employment ......
  • Okeechobee Health Care v. Collins, No. 97-3362
    • United States
    • Court of Appeal of Florida (US)
    • 7 Octubre 1998
    ...employee or employer. (Amending language underlined.) We acknowledged this change in the law in Orange County MIS Department v. Hak, 710 So.2d 998, 999 n. 1 (Fla. 1st DCA 1998), and have implicitly applied the amended provision in other cases construing ambiguous statutory language. See Bra......
  • B & L SERVICES, INC. v. COACH USA, No. 1D00-1570.
    • United States
    • Court of Appeal of Florida (US)
    • 18 Junio 2001
    ...use the definite article `the,' and not `a,' before the term `major contributing cause.'" Orange County MIS Dep't. v. Hak, 710 So.2d 998, 999 (Fla. 1st DCA It is ... no longer enough for an injured worker to show that a workplace accident is causally related [to] a particular 791 So.2d......
  • Request a trial to view additional results

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