Walker v. McDonnell Aircraft Corp., 38316
| Decision Date | 21 January 1970 |
| Docket Number | No. 38316,38316 |
| Parties | Glenn R. WALKER, Petitioner, v. McDONNELL AIRCRAFT CORPORATION, Insurance Company of North America and the Florida Industrial Commission, Respondents. |
| Court | Florida Supreme Court |
Charles C. Hurt, Orlando, for petitioner.
Monroe E. McDonald, of Sanders, McEwan, Schwarz & Mims, Orlando, Patrick H. Mears and J. Franklin Garner, Tallahassee, for respondents.
This cause is before us on petition for writ of certiorari to the Florida Industrial Commission.
Petitioner, a 34-year old mechanic, filed a claim for injury resulting from aggravation of pre-existing bulbous emphysema due to inhalation of certain gases, in the course of his employment. The Judge of Industrial Claims found that petitioner's exposure to nitrogen tetroxide and monomenthahydrazine was a compensable injury by accident and aggravated petitioner's preexisting condition hastening the necessity for lung surgery. The Judge granted ten weeks of temporary total disability benefits and medical expenses. Permanent partial disability and the payment of Dr. Norris' bill was denied.
The Full Commission reversed, holding there was 'no medical evidence in the record which would support a finding that claimant's emphysema is related to an exposure to gases which arose out of and in the course of his employment.' One member dissented, pointing out that:
'Dr. Norris, the operating surgeon, testified that the claimant's condition could have been caused, aggravated, or accelerated by inhalation of noxious gases.'
We have heard argument of the parties and reviewed the record and brief. The Order of the Judge of Industrial Claims is supported by competent substantial evidence and should not have been reversed. Dr. Norris, who operated on petitioner removing a portion of both lungs, testified that in his opinion, exposure to the gases in question 'possibly could aggravate' the condition. In response to a hypothetical question setting out the circumstances of petitioner's exposure, Dr. Norris stated: 'I would say that I would be strongly suspicious that emphysema was a direct result of toxic exposure.'
Accordingly, certiorari is granted, the order of the Full Commission is quashed and the cause remanded with directions to reinstate the Order of the Judge of Industrial Claims.
Petition for attorney's fees is granted in the amount of $350.00.
It is so ordered.
...
To continue reading
Request your trial
-
Snyder v. Department of Labor and Industries
...Smelting and Refining Co., 90 Ariz. 32, 363 P.2d 930 (1961); Zallea Brothers v. Cooper, 166 A.2d 723 (Del.1960); Walker v. McDonnell Aircraft Corp., 231 So.2d 210 (Fla.1970); Weimer v. Sauder Tank Co., Inc., 184 Kan. 422, 337 P.2d 672 (1959); In re Clarici's Case, 340 Mass. 495, 164 N.E.2d ......
-
Castro v. Florida Juice Division
...Florida State Employment Service v. Spathis, 9 FCR 182 (1973), cert. den., 317 So.2d 765 (Fla.1975). See also, Walker v. McDonnell Aircraft Corporation, 231 So.2d 210 (Fla.1970). Moreover, their medical opinions were no less satisfactory for their failure to use the magic words "reasonable ......
-
Dillow v. Florida Portland Cement Plant, 40721
...an acceleration of growth.' (Emphasis added.) Such testimony is similar to the evidence in the recent case of Walker v. McDonnell Aircraft Corp., Fla.1970, 231 So.2d 210. In the Walker case, supra, the Supreme Court in reversing the full Commission '. . . The order of the Judge of Industria......
-
Orange County Bd. of County Com'rs v. Brenemen, 39059
...Simpkins, 99 So.2d 557 (Fla.1957); Calvert v. Coral Gables First National Bank, 119 So.2d 33 (Fla.1960).2 191 So.2d 562, 564 (Fla.1966).3 231 So.2d 210, Opinion filed January 21, ...