Reynolds v. Whitney Tank Lines, No. 43166

CourtUnited States State Supreme Court of Florida
Writing for the CourtMcCAIN; CARLTON
Citation279 So.2d 293
PartiesKenneth R. REYNOLDS, Petitioner, Cross-Respondent, v. WHITNEY TANK LINES and Continental Insurance Company, Respondents and Cross-Petitioners, and Michigan Mutual Insurance Company and Industrial Relations Commission, Respondents.
Docket NumberNo. 43166
Decision Date13 June 1973

Page 293

279 So.2d 293
Kenneth R. REYNOLDS, Petitioner, Cross-Respondent,
v.
WHITNEY TANK LINES and Continental Insurance Company, Respondents and Cross-Petitioners,
and
Michigan Mutual Insurance Company and Industrial Relations Commission, Respondents.
No. 43166.
Supreme Court of Florida.
June 13, 1973.

Page 294

Joseph E. Melendi, of Barrs, Melendi & Williamson, Tampa, for petitioner, cross-respondent.

W. S. Crumbley, of Shackleford, Farrior, Stallings & Evans, Tampa, for Michigan Mutual Ins. Co., respondents, and Whitney Tank Lines, respondent and cross-petitioner.

Richard G. Davis, of Rose & Davis, Tampa, for Continental Ins. Co., respondent and cross-petitioner.

McCAIN, Justice.

This case is before us on claimant's petition and the employer carrier's cross-petition for writ of certiorari to review an order of the Industrial Relations Commission reversing the compensation award of the Judge of Industrial Claims. We have jurisdiction pursuant to Fla.Const., Article V, Section 3(b)(3) (1973), F.S.A.

Claimant Reynolds, a 45 year-old truck driver, was injured on December 23, 1969 when he fell off his tractor trailer, landing on his left side and rupturing his spleen. Surgery involving spleen removal was performed and claimant was discharged from the hospital on December 31, 1969. He returned to work on February 2, 1970 and continued working on a regular basis until his second accident on December 12, 1970.

On the latter date claimant again fell out of his truck, landing on his left side and suffering bruises. He continued working intermittently for a three week period, complaining of pain and shortness of breath, until he was admitted to the hospital on February 3, 1971. Shortly after entering the hospital claimant suffered a myocardial infarction.

The basic dispute in the case concerns the question of causal relationship between the second accident and the heart attack. There was some testimony (primarily that of claimant and his wife) that after the first accident claimant became nervous and third and had trouble performing his tasks at work with his former efficiency. Claimant also testified that during the period between the accidents his left side was painful and disturbing to him. After the

Page 295

second accident, he became increasingly nervous, began to suffer shortness of breach and eventually suffered the myocardial infarction described above.

The JIC determined that the infarction was causally related to the second accident and awarded compensation. In so doing, he relied primarily on the testimony and medical report of Dr. Armstrong, an internist with a specialty in pulmonary diseases, who treated claimant after the second accident and recommended his admission to the hospital. In his report Dr. Armstrong stated:

'In summary, we have here a 45 year old man who suffered a work related injury requiring surgery of a major nature. He continued to have pain and discomfort, and missed work on several occasions because of it. The second fall in December, 1970 was additional trauma to him and I feel that there is absolute medical certainty that this triggered the acute phase of his respiratory disease as it is a well known fact that the wheezing associated with obstructive pulmonary disease is frequently emotionally induced. It is equally well known that heart attacks are stress related. The time of his myocardial infarct would put it somewhere in the first 24 hours of his hospitalization.'

Dr. Armstrong also testified at the hearing before the JIC. Inter alia, he said at that time:

'Q All right. Do you have an opinion, sir, as to whether or not the industrial accident of 1969 and the industrial accident of 1970, and their sequelae, contributed to any extent to the manifestation of the obstructive pulmonary disorder you found and diagnosed in January and/or February of 1971?

'A I felt that there was a connection between these accidents and his problem.

'Q In reference to the pulmonary disorder, would you tell the Court the reasons why you concluded that there is a connection.

'A The patient had many, many months of difficulty with pain, and the anxiety and stress therefrom. I felt that the second accident in particular--I'll go back to the other in a moment--the second accident, in particular, triggered the great deal of this problem in that he began to have wheezing which is an outward evidence to you, me, or anyone in the room, that a person is having obstructive problems with his lungs; that is, the bronchial tubes are closing down. These bronchial tubes were closing down because of various things: infection, emotion, smoking, an allergy, to complete the picture there. So that I felt that the stress that this man had come under, particularly...

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13 practice notes
  • Closet Maid v. Sykes, No. 1D98-660.
    • United States
    • Court of Appeal of Florida (US)
    • February 15, 2000
    ...for an injured worker to show that a workplace accident is causally related a particular injury, as in Reynolds v. Whitney Tank Lines, 279 So.2d 293 (Fla.1973), or that the accident contributed to the need for treatment. Coverage is available under the statute only if the workplace accident......
  • Zundell v. Dade County School Bd., No. 91-1848
    • United States
    • Court of Appeal of Florida (US)
    • December 15, 1992
    ...to unusual strain or overexertion not routine to the type of work he was accustomed to performing"); Reynolds v. Whitney Tank Lines, 279 So.2d 293 (Fla.1973) (citing with approval the Victor Wine rule); Richards Dep't Store v. Donin, 365 So.2d 385 (Fla.1978) (same); City of Miami v. Ro......
  • Wolbert, Saxon & Middleton v. Warren, No. AQ-444
    • United States
    • Court of Appeal of Florida (US)
    • January 20, 1984
    ...prong of the Victor Wine test. See Tingle v. Board of County Commissioners, 174 So.2d 1 (Fla.1965); Reynolds v. Whitney Tank Lines, 279 So.2d 293 (Fla.1973); Wallen v. Salon of Music, Inc., 418 So.2d 421 (Fla. 1st DCA 1982); Lone Star of Florida v. Rodriguez, 416 So.2d 859 (Fla. 1st DCA 198......
  • B & L SERVICES, INC. v. COACH USA, No. 1D00-1570.
    • United States
    • Court of Appeal of Florida (US)
    • June 18, 2001
    ...to show that a workplace accident is causally related [to] a particular 791 So.2d 1146 injury, as in Reynolds v. Whitney Tank Lines, 279 So.2d 293 (Fla.1973), or that the accident contributed to the need for treatment. Coverage is available under the statute only if the workplace accident `......
  • Request a trial to view additional results
13 cases
  • Closet Maid v. Sykes, No. 1D98-660.
    • United States
    • Court of Appeal of Florida (US)
    • February 15, 2000
    ...for an injured worker to show that a workplace accident is causally related a particular injury, as in Reynolds v. Whitney Tank Lines, 279 So.2d 293 (Fla.1973), or that the accident contributed to the need for treatment. Coverage is available under the statute only if the workplace accident......
  • Zundell v. Dade County School Bd., No. 91-1848
    • United States
    • Court of Appeal of Florida (US)
    • December 15, 1992
    ...to unusual strain or overexertion not routine to the type of work he was accustomed to performing"); Reynolds v. Whitney Tank Lines, 279 So.2d 293 (Fla.1973) (citing with approval the Victor Wine rule); Richards Dep't Store v. Donin, 365 So.2d 385 (Fla.1978) (same); City of Miami v. Ro......
  • Wolbert, Saxon & Middleton v. Warren, No. AQ-444
    • United States
    • Court of Appeal of Florida (US)
    • January 20, 1984
    ...prong of the Victor Wine test. See Tingle v. Board of County Commissioners, 174 So.2d 1 (Fla.1965); Reynolds v. Whitney Tank Lines, 279 So.2d 293 (Fla.1973); Wallen v. Salon of Music, Inc., 418 So.2d 421 (Fla. 1st DCA 1982); Lone Star of Florida v. Rodriguez, 416 So.2d 859 (Fla. 1st DCA 198......
  • B & L SERVICES, INC. v. COACH USA, No. 1D00-1570.
    • United States
    • Court of Appeal of Florida (US)
    • June 18, 2001
    ...to show that a workplace accident is causally related [to] a particular 791 So.2d 1146 injury, as in Reynolds v. Whitney Tank Lines, 279 So.2d 293 (Fla.1973), or that the accident contributed to the need for treatment. Coverage is available under the statute only if the workplace accident `......
  • Request a trial to view additional results

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