Scotty's, Inc. v. Jones, TT-312
| Decision Date | 11 February 1981 |
| Docket Number | No. TT-312,TT-312 |
| Citation | 393 So.2d 657 |
| Parties | SCOTTY'S, INC. and Crawford and Company, Appellants, v. John H. JONES, Appellee. |
| Court | Florida District Court of Appeals |
Robert W. Elton, Smalbein, Eubank, Johnson, Rosier & Bussey, P. A., Daytona Beach, for appellants.
Edward H. Hurt, of Hurt & Parrish, P. A., Bill McCabe of Shepherd, McCabe & Cooley, Orlando, for appellee.
The employer/carrier appeal a Workers' Compensation Order, awarding permanent partial disability benefits to the claimant, based on loss of wage earning capacity. We find merit in two points raised for review, and accordingly reverse.
The deputy commissioner found that the claimant had suffered an industrial accident which resulted in injuries to his back, neck and arms. Appellants do not dispute that the claimant's neck and arm injuries were caused by his accident. However, they urge that there is not substantial, competent evidence to support the finding of a causal relationship between the accident and claimant's back problems.
It is well established that a finding of a causal relationship must be based upon a reasonable medical probability not possibility. Nelson v. Hebrew Home for Aged, 276 So.2d 468 (Fla.1973). Reasonable medical probability may be predicated upon either lay or medical testimony. Orange County Board of County Commissioners v. Brenemen, 233 So.2d 377 (Fla.1970). However, lay testimony is not sufficient to establish a causal relationship between the accident and conditions which are not readily observable or discoverable without medical examination. Decks, Inc. of Florida v. Wright, 389 So.2d 1074 (Fla. 1st DCA 1980).
In the instant case, the claimant testified that he first began to experience pain in his lower back some nine to twelve months after the industrial accident. He also indicated that two months before the accident, he had pulled a muscle in his back, requiring him to miss time from work; but that he had not injured his back since the accident.
The only medical testimony on this issue is that of Dr. Montoya, one of the treating physicians. Dr. Montoya stated that it was unusual, but not completely impossible, to develop such a late onset of symptoms. However, he was "really doubtful" that claimant's back problems were related to the industrial accident.
In cases where there is a lapse of time between the accident and the manifested results, proof of a causal relationship becomes critical. Wackenhut Corporation v. Ellis, IRC Order 2-3402 (April 18, 1978), cert. denied, 376 So.2d 71 (Fla.1979). We find that the evidence here is insufficient to establish a causal relationship between claimant's lower back problems and his industrial accident, within a reasonable medical probability. Therefore, that portion of the deputy commissioner's order must be reversed.
The second assignment of error in this case is the finding that claimant sustained a 20% loss of wage earning...
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