Lang Pools v. McIntosh

District Court of Appeal of Florida

Lang Pools v. McIntosh

415 So. 2d 842, 1982 Fla. App. LEXIS 20336

CourtDistrict Court of Appeal of Florida

DecidedJune 23, 1982

DocketNo. AH-408

StatusPublished

Cited by4 cases

This text of 415 So. 2d 842 (Lang Pools v. McIntosh) 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

Lang Pools v. McIntosh, 415 So. 2d 842, 1982 Fla. App. LEXIS 20336 (Fla. Ct. App. 1982).

Pincite

Opinion

PER CURIAM.

The employer/carrier appeals a workers’ compensation order finding that the trauma suffered by claimant was a causative contributing factor to an aseptic necrosis of her hip. We remand for clarification.

The claimant testified by deposition that she injured her hip while picking up jugs of chlorine. The accident was similarly described by Dr. Kriz, who deposed that such a simple act, even if performed on a repeated basis, would not set the stage for a vascular necrosis of the femoral head. According to Dr. Kriz, the cause of claimant’s condition is related to her use of birth control pills and cigarettes.

The only direct evidence of causal relationship between the accident and claim[843]*843ant’s condition is found in Dr. Dave’s deposition. Although it is questionable whether that deposition and the attached letters were of record, we assume they were because the deputy referred to the deposition in his order and because the parties have so stipulated on appeal.

Dr. Dave testified by deposition that claimant suffered a fall while carrying jugs of chlorine and that the injury which resulted from said trauma produced a possible synovitis which gradually developed a problem of circulatory changes in claimant’s hip joint, thus causing an aseptic necrosis of the head of the femur. However, attached to Dr. Dave’s deposition was a letter written by him prior to the date of deposition in which he noted that claimant receded from any history of a fall. The doctor did not state whether claimant’s condition could be caused by the mere act of carrying jugs.

A medical expert’s opinion does not eliminate the necessity of proving the essential foundation facts in support thereof. Gold Coast Paving Company, Inc. v. Fonseca, 411 So.2d 259 (Fla. 1st DCA 1982). On the record before us, there is no competent substantial evidence upon which to find that claimant suffered a fall. Since Dr. Dave’s opinion is premised upon the history of a fall, which is at variance with the accident as described by claimant, that doctor’s opinion lacks factual foundation and does not support a finding of causation.

However, the brevity of the deputy commissioner’s conclusory order has impeded our review. Accordingly, we decline to reverse at this time and, instead, remand the cause to the deputy commissioner with directions to clarify his order by setting forth his findings of fact and resolving any discrepancies therein.

ROBERT P. SMITH, Jr., C. J., and McCORD and BOOTH, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The employer/carrier appeals a workers’ compensation order finding that the trauma suffered by claimant was a causative contributing factor to an aseptic necrosis of her hip. We remand for clarification.

The claimant testified by deposition that she injured her hip while picking up jugs of chlorine. The accident was similarly described by Dr. Kriz, who deposed that such a simple act, even if performed on a repeated basis, would not set the stage for a vascular necrosis of the femoral head. According to Dr. Kriz, the cause of claimant’s condition is related to her use of birth control pills and cigarettes.

The only direct evidence of causal relationship between the accident and claim[843]*843ant’s condition is found in Dr. Dave’s deposition. Although it is questionable whether that deposition and the attached letters were of record, we assume they were because the deputy referred to the deposition in his order and because the parties have so stipulated on appeal.

Dr. Dave testified by deposition that claimant suffered a fall while carrying jugs of chlorine and that the injury which resulted from said trauma produced a possible synovitis which gradually developed a problem of circulatory changes in claimant’s hip joint, thus causing an aseptic necrosis of the head of the femur. However, attached to Dr. Dave’s deposition was a letter written by him prior to the date of deposition in which he noted that claimant receded from any history of a fall. The doctor did not state whether claimant’s condition could be caused by the mere act of carrying jugs.

A medical expert’s opinion does not eliminate the necessity of proving the essential foundation facts in support thereof. Gold Coast Paving Company, Inc. v. Fonseca, 411 So.2d 259 (Fla. 1st DCA 1982). On the record before us, there is no competent substantial evidence upon which to find that claimant suffered a fall. Since Dr. Dave’s opinion is premised upon the history of a fall, which is at variance with the accident as described by claimant, that doctor’s opinion lacks factual foundation and does not support a finding of causation.

However, the brevity of the deputy commissioner’s conclusory order has impeded our review. Accordingly, we decline to reverse at this time and, instead, remand the cause to the deputy commissioner with directions to clarify his order by setting forth his findings of fact and resolving any discrepancies therein.

ROBERT P. SMITH, Jr., C. J., and McCORD and BOOTH, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

415 So. 2d 842, 1982 Fla. App. LEXIS 20336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lang-pools-v-mcintosh-fladistctapp-1982.

Opinion

Related

Cite This Page — Counsel Stack