Publix Super Markets, Inc. v. McGuire, No. 92-884

CourtCourt of Appeal of Florida (US)
Writing for the CourtMICKLE
Parties20 Fla. L. Weekly D372 PUBLIX SUPER MARKETS, INC. and Hartford Insurance, Appellants, v. Arleen J. McGUIRE, Appellee.
Docket NumberNo. 92-884
Decision Date07 February 1995

Page 151

650 So.2d 151
20 Fla. L. Weekly D372
PUBLIX SUPER MARKETS, INC. and Hartford Insurance, Appellants,
v.
Arleen J. McGUIRE, Appellee.
No. 92-884.
District Court of Appeal of Florida,
First District.
Feb. 7, 1995.

Page 152

Lynn H. Groseclose of Lane, Trohn, Clarke, Bertrand & Williams, P.A., Bradenton, for appellant.

Edward S. Eno, of Tanney, Forde, Donahey, Eno & Tanney, P.A., Clearwater, for appellee.

EN BANC OPINION ON REMAND

MICKLE, Judge.

This case is before us on remand from the Supreme Court of Florida, McGuire v. Publix Super Markets, Inc., 640 So.2d 1079 (Fla.1994), for reconsideration in accordance with the principles set forth in Zundell v. Dade Co. Sch. Bd., 636 So.2d 8 (Fla.1994). In compliance with the mandate of the supreme court, which quashed our decision in Publix Super Markets, Inc. v. McGuire, 629 So.2d 862 (Fla. 1st DCA 1993), and remanded for further proceedings, we hereby set aside our prior opinion and adopt, as our own, the opinion and judgment of the supreme court, and same shall accompany our mandate to the lower tribunal. Having reviewed the instant record in light of the rule of law set forth in Zundell, 636 So.2d at 8, we find competent substantial evidence to support the decision of the judge of compensation claims (JCC) in favor of Arleen J. McGuire (Claimant). Accordingly, we affirm the JCC's order.

The pertinent facts supporting the claim are as follows. On October 26, 1989, Claimant reported to her part-time job at Publix Super Markets, Inc. (Employer) around 4:00 P.M. and went directly to her cash register. Prior to that date, Claimant had sent a letter of complaint to Employer's president concerning a raise that other employees (but not Claimant) received. Soon after Claimant's arrival at work, Employer's district manager (Mr. Kapocsi), whom Claimant had never met, asked her to attend a meeting in the grocery store's 10' x 10' front office. The store manager (Mr. Myers) also was at the meeting. Claimant, who feared that she would be fired for writing the letter and going beyond her immediate supervisor, was upset and appeared nervous. She remained

Page 153

standing and began experiencing chest pains about five minutes after the meeting started. Within 20-30 minutes, Claimant returned to her register but was unable to work due to the uninterrupted chest pains. She was admitted on the same day to the hospital, where she received treatment from an internal medicine specialist, Dr. Naman.

Claimant remained hospitalized until November 3, 1989, and was diagnosed by Dr. Naman as having suffered an injury to her heart muscles secondary to coronary artery spasms. She was off work completely until early January 1990. Claimant filed a claim for payment of medical expenses, benefits, penalties, interest, costs, and an attorney's fee. Employer/Carrier (E/C) defended on the basis that Claimant had not sustained an accident or incurred a disease arising out of and in the course of employment.

Section 440.02(16), Florida Statutes (1989), defines "injury," in pertinent part, as "personal injury ... by accident arising out of and in the course of employment." "Accident" means "only an unexpected or unusual event or result, happening suddenly," and the statutory definition expressly excludes "[a] mental or nervous injury due to fright or excitement only." Sec. 440.02(1), Fla.Stat. (1989).

Given the supreme court's express citation to Zundell in the instant mandate, and our belief that the factual similarities between the two cases merit consideration, we include the pertinent...

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2 practice notes
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • 28 Junio 2006
    ...(Fla. 1st DCA 1995) (en banc decision released without antecedent publication of panel decision); Publix Super Markets, Inc. v. McGuire, 650 So.2d 151 (Fla. 1st DCA 1995) (en banc decision released without antecedent publication of panel decision on remand from McGuire v. Publix Super Marke......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • 28 Junio 2006
    ...(Fla. 1st DCA 1995) (en banc decision released without antecedent publication of panel decision); Publix Super Markets, Inc. v. McGuire, 650 So.2d 151 (Fla. 1st DCA 1995) (en banc decision released without antecedent publication of panel decision on remand from McGuire v. Publix Super Marke......
2 cases
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • 28 Junio 2006
    ...(Fla. 1st DCA 1995) (en banc decision released without antecedent publication of panel decision); Publix Super Markets, Inc. v. McGuire, 650 So.2d 151 (Fla. 1st DCA 1995) (en banc decision released without antecedent publication of panel decision on remand from McGuire v. Publix Super Marke......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • 28 Junio 2006
    ...(Fla. 1st DCA 1995) (en banc decision released without antecedent publication of panel decision); Publix Super Markets, Inc. v. McGuire, 650 So.2d 151 (Fla. 1st DCA 1995) (en banc decision released without antecedent publication of panel decision on remand from McGuire v. Publix Super Marke......

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