Winn-Dixie Stores v. Morgan
| Citation | 533 So.2d 783,13 Fla. L. Weekly 1989 |
| Decision Date | 24 August 1988 |
| Docket Number | No. 87-1378,WINN-DIXIE,87-1378 |
| Parties | 13 Fla. L. Weekly 1989 STORES and Crawford and Company, Appellants/Cross-Appellees, v. William MORGAN, Jr., Appellee/Cross-Appellant. |
| Court | Florida District Court of Appeals |
Jeffrey A. Cramer, of Law Offices of Jeffrey A. Cramer, Pensacola, for appellants/cross-appellees.
Samuel W. Bearman, of Cetti, McGraw & Bearman, Pensacola, for appellee/cross-appellant.
The employer/carrier (E/C) in this workers' compensation case appeal an order awarding the claimant temporary total disability benefits from the date of accident, medical expenses, attorney's fees, and costs, based on a finding of compensability under the repeated trauma theory of Festa v. Teleflex, Inc., 382 So.2d 122 (Fla. 1st DCA 1980). The claimant cross-appeals the deputy's failure to award interest on the compensation and medical benefits. We affirm the issue on appeal, and reverse the issue on cross appeal.
In Festa, this court reviewed the principles related to the award of compensation benefits for injuries arising both from prolonged exposure to deleterious substances (such as dust, fumes, mercury, and intense heat) and from repeated minor traumas (such as constant strain or repeated twisting and turning). In summarizing those principles, we stated that in order for a claimant to recover under the exposure theory, he must show:
(1) prolonged exposure, (2) the cumulative effect of which is injury or aggravation of a pre-existing condition and (3) that he has been subjected to a hazard greater than that to which the general public is exposed. Alternatively, he must demonstrate a series of occurrences, the cumulative effect of which is injury.
382 So.2d at 124. The court found that these same theories were to be applied in cases involving injuries resulting from repeated trauma.
The claimant in the instant case was a 13-year employee of Winn-Dixie Stores, whose job history there included a variety of tasks such as stocking shelves, bagging groceries, unloading trucks, moving carts of frozen foods, and cleaning and stocking produce counters. On June 24, 1986, claimant experienced severe pain in his wrist while opening the store safe. An x-ray taken several days later revealed that the claimant was suffering from a collapsed lunate--one of the small bones of the wrist--and from Kienbock's disease, a disease which causes gradual death of the lunate, eventually...
To continue reading
Request your trial
-
City of North Miami v. Marcy
...calculated from February 9, 1987, when the TPD benefits were "due." We find support for Claimant's position in Winn-Dixie Stores v. Morgan, 533 So.2d 783, 784 (Fla. 1st DCA 1988), in which we reversed the deputy commissioner's failure to award interest and stated: "An award of interest on t......
-
Daugherty v. Red Lobster
...Festa v. Teleflex, Inc., 382 So.2d 122, 124 (Fla. 1st DCA), review denied, 388 So.2d 1119 (Fla.1980). See also Winn-Dixie Stores v. Morgan, 533 So.2d 783, 784 (Fla. 1st DCA 1988). Applying the above test to the facts at bar, it is evident that the judge erred in determining that appellant f......
-
Tice v. Albertson's
...577 So.2d 977, 981-82 (Fla. 1st DCA 1991); Sewell v. J.C. Penney, 569 So.2d 1335, 1336 (Fla. 1st DCA 1990); Winn-Dixie Stores v. Morgan, 533 So.2d 783, 784 (Fla. 1st DCA 1988). Once the claimant established a claim for repeated trauma under Festa, she then had to prove that the resulting ag......
-
Florida Power Corp. v. Stenholm, 90-2465
...394 So.2d 146 (Fla. 1st DCA 1981); La Croix Construction Co. v. Bush, 471 So.2d 134 (Fla. 1st DCA 1985). See also Winn-Dixie Stores v. Morgan, 533 So.2d 783 (Fla. 1st DCA 1988). Accordingly the order is AFFIRMED, in part, but REVERSED, in part, and REMANDED, to allow for an award of the cla......