Eisenhower Construction Co. v. Berg

District Court of Appeal of Florida

Eisenhower Construction Co. v. Berg

406 So. 2d 85, 1981 Fla. App. LEXIS 21810

CourtDistrict Court of Appeal of Florida

DecidedNovember 23, 1981

DocketNo. AB-124

StatusPublished

Cited by1 cases

This text of 406 So. 2d 85 (Eisenhower Construction Co. v. Berg) 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

Eisenhower Construction Co. v. Berg, 406 So. 2d 85, 1981 Fla. App. LEXIS 21810 (Fla. Ct. App. 1981).

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Opinion

ROBERT P. SMITH, Jr., Chief Judge.

The employer and carrier appeal a deputy commissioner’s order finding a causal connection between claimant’s neck and back injury by industrial accident in January 1980 and claimant’s collapse while mowing his lawn at home in mid-July, resulting in the medical expenses for which this claim was made. Though claimant’s back hurt as he revived and during his hospitalization, there is no substantial competent evidence that claimant’s collapse was an effect of his January industrial injury, and the medical opinion to the contrary was uncontroverted. For this reason it was error to award medical benefits and attorney’s fees. We do not reach the other questions presented.

REVERSED.

MILLS and SHIVERS, JJ., concur.

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ROBERT P. SMITH, Jr., Chief Judge.

The employer and carrier appeal a deputy commissioner’s order finding a causal connection between claimant’s neck and back injury by industrial accident in January 1980 and claimant’s collapse while mowing his lawn at home in mid-July, resulting in the medical expenses for which this claim was made. Though claimant’s back hurt as he revived and during his hospitalization, there is no substantial competent evidence that claimant’s collapse was an effect of his January industrial injury, and the medical opinion to the contrary was uncontroverted. For this reason it was error to award medical benefits and attorney’s fees. We do not reach the other questions presented.

REVERSED.

MILLS and SHIVERS, JJ., concur.

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406 So. 2d 85, 1981 Fla. App. LEXIS 21810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eisenhower-construction-co-v-berg-fladistctapp-1981.

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