State Real Estate Commission v. Felix
| Decision Date | 09 May 1980 |
| Docket Number | No. RR-31,RR-31 |
| Parties | STATE of Florida REAL ESTATE COMMISSION, Appellant, v. Charles E. FELIX, Appellee. |
| Court | Florida District Court of Appeals |
Wendell J. Kiser of Akerman, Senterfitt & Eidson, Orlando, for appellant.
Jessee F. Sparks and Robert E. Sheridan, Orlando, for appellee.
The employer appeals the order of the Judge of Industrial Claims awarding claimant temporary total disability benefits, permanent total disability benefits reduced by 50 percent as a result of a pre-existing condition, medical treatment, attorney fees and costs. Claimant cross-appeals that portion of the order which reduces by 50 percent his permanent total disability benefits.
Claimant is a member of the Florida Bar who practiced as a staff attorney for the Florida Real Estate Commission. He left private practice in 1966 after suffering a heart attack and underwent a coronary by-pass operation in 1971. Thereafter, claimant sought less stressful employment, and took a position with the Commission. Beginning in January, 1976, claimant began working on "advance fee cases" and, in connection therewith, was required, during May, 1978, to schedule an estimated 20 depositions in 15 cities within a two-week period. During the second week of these depositions, claimant experienced chest pain and was hospitalized in Kentucky with a diagnosis of myocardial infarction which resulted in claimant's claim for compensation due to a heart attack arising out of an in the course of his employment.
The Deputy's order finding compensability is, in part, as follows:
I find that the myocardial infarction suffered by the claimant in May, 1978, was caused by the overall effects of the out-of-state trip as well as the stress of his job. Although, I find there was no specifically identifiable effort which caused the heart attack, the overall stress of the trip over a several day period is sufficient to distinguish this case from the case of Richards Department Store v. Donin, 365 So.2d 385 (Fla.1978).
The foregoing findings are insufficient to meet the requirements of Victor Wine & Liquor, Inc. v. Beasley, 141 So.2d 581 (Fla.1962), Tintera v. Armour & Co., 362 So.2d 1344 (Fla.1978), and Richards Department Store v. Donin, 365 So.2d 385 (Fla.1978).
Accordingly, the order below is REVERSED with directions that the claim be dismissed.
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State, Division of Hotels/Restaurants, Division of Risk Management v. Chester J. Cole
...Job related stress unaccompanied by nonroutine physical effort will not support recovery. See State of Florida Real Estate Commission v. Felix, 383 So.2d 941 (Fla. 1st DCA 1980) (attorney's schedule requiring travel to 15 cities for 20 depositions within a two-week period insufficient to me......
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City of Opa Locka v. Quinlan
...425 So.2d 80 (Fla. 1st DCA 1982); McCall v. Dick Burns, Inc., 408 So.2d 787 (Fla. 1st DCA 1982); and State Real Estate Commission v. Felix, 383 So.2d 941 (Fla. 1st DCA 1980). Appellee did not meet his burden, in this case, of showing that he had engaged in some non-routine physical effort a......
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Florida Real Estate Commission v. Felix, AF-328
...because the deputy found "there was no specifically identifiable effort which caused the heart attack," State Real Estate Commission v. Felix, 383 So.2d 941 (Fla. 1st DCA 1980), another deputy revisited the same record and declared the first to have been in error, that claimant's infarction......