Egan v. Florida Atlantic University

District Court of Appeal of Florida

Egan v. Florida Atlantic University

610 So. 2d 585, 1992 Fla. App. LEXIS 12508, 1992 WL 362201

CourtDistrict Court of Appeal of Florida

DecidedDecember 10, 1992

DocketNo. 91-4116

StatusPublished

Cited by1 cases

This text of 610 So. 2d 585 (Egan v. Florida Atlantic University) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Egan v. Florida Atlantic University, 610 So. 2d 585, 1992 Fla. App. LEXIS 12508, 1992 WL 362201 (Fla. Ct. App. 1992).

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Opinion

ALLEN, Judge.

In this workers’ compensation appeal the parties dispute the effect of an amendment to section 440.02(1), Florida Statutes (1990), by which the word “stress” was included in the statutory provision that “mental or nervous injury due to stress, fright or excitement only ..-. shall be deemed not to be an injury by accident arising out of the employment.” We conclude that this amendment was merely a codification and affirmation of the existing case law, as reflected in decisions such as LaFave v. Bay Consolidated Distributors, 546 So.2d 78 (Fla. 1st DCA 1989). Mental or nervous injuries occasioned solely by stress, without any contributing physical injury, are not compensable. See City of Holmes Beach v. Grace, 598 So.2d 71 (Fla.1992).

The appealed order is affirmed.

WOLF and WEBSTER, JJ., concur.

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ALLEN, Judge.

In this workers’ compensation appeal the parties dispute the effect of an amendment to section 440.02(1), Florida Statutes (1990), by which the word “stress” was included in the statutory provision that “mental or nervous injury due to stress, fright or excitement only ..-. shall be deemed not to be an injury by accident arising out of the employment.” We conclude that this amendment was merely a codification and affirmation of the existing case law, as reflected in decisions such as LaFave v. Bay Consolidated Distributors, 546 So.2d 78 (Fla. 1st DCA 1989). Mental or nervous injuries occasioned solely by stress, without any contributing physical injury, are not compensable. See City of Holmes Beach v. Grace, 598 So.2d 71 (Fla.1992).

The appealed order is affirmed.

WOLF and WEBSTER, JJ., concur.

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Bluebook (online)

610 So. 2d 585, 1992 Fla. App. LEXIS 12508, 1992 WL 362201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/egan-v-florida-atlantic-university-fladistctapp-1992.

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