Louisiana Pacific Corp. v. Harcus

774 So. 2d 751, 2000 WL 1745143
CourtDistrict Court of Appeal of Florida
DecidedNovember 21, 2000
Docket1D99-1321
StatusPublished
Cited by7 cases

This text of 774 So. 2d 751 (Louisiana Pacific Corp. v. Harcus) 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
Louisiana Pacific Corp. v. Harcus, 774 So. 2d 751, 2000 WL 1745143 (Fla. Ct. App. 2000).

Opinion

774 So.2d 751 (2000)

LOUISIANA PACIFIC CORPORATION, Louisiana Pacific and Gates McDonald, Appellants,
v.
Eddie HARCUS, Appellee.

No. 1D99-1321.

District Court of Appeal of Florida, First District.

November 21, 2000.

*752 Mary L. Wakeman of McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A., Tallahassee, for Appellants.

Michael J. Valen of Kinsey, Troxel, Johnson and Walborsky, P.A., Pensacola, for Appellee.

ON MOTION FOR CLARIFICATION, REHEARING, REHEARING EN BANC, AND CERTIFICATION

ERVIN, J.

We grant the motion for clarification filed by appellants, Louisiana Pacific Corporation, Louisiana Pacific, and Gates McDonald (the employer/carrier or E/C), to correct the reference to 200-horsepower motors on page 10 of this opinion. We deny all the remaining motions, as they constitute prohibited reargument or disagreement with this court's decision.

The E/C raises two issues in this case: First, that the judge of compensation claims (JCC) erred in deciding that claimant, Eddie Harcus, provided timely notice of his work injury, as required by section 440.185(1), Florida Statutes (1997), and second, in finding that claimant suffered a compensable accident under a repeated trauma theory. As to the latter, the E/C contends that the only competent, substantial evidence (CSE) established that claimant's noncompensable herniated disk combined with his preexisting lateral recess stenosis to cause his disability and need for treatment, and no evidence was presented that the employment was the major contributing cause of same. In that CSE supports the JCC's determination of the first issue, we affirm as to it without further comment. Regarding the second issue, after applying the limited standard of review of CSE, we also affirm, but not for all of the reasons stated by the JCC.

The 49-year-old claimant worked in various positions at the employer's saw mill, most recently as a millwright. Every position he has held during his 24-year career involved arduous physical labor, including heavy lifting on a daily basis. During March 1998, claimant began experiencing pain in his hip and leg. He did not identify any specific incident that caused the pain, but rather referred to many of his job duties that involved heavy physical labor, and he reported that the pain developed gradually. After learning from his family physician that the pain related to a back condition, claimant sought compensation benefits. The E/C completely denied the claim, including the request for medical treatment. On April 29, 1998, claimant *753 came under the care of Dr. Beranek, an orthopedic surgeon, who placed him on no-work status. After testing, physical therapy, and consultation with Dr. Woodham, a neurosurgeon, Dr. Beranek diagnosed lateral recess stenosis with degenerative disk disease and L3-4 herniated disk.

In resolving the claim for compensation benefits, the JCC found the stenosis compensable under a repetitive trauma theory based on claimant's and Dr. Beranek's testimony, and concluded therefrom that claimant's heavy lifting and repetitive bending while working for the employer over the course of more than 20 years caused the stenosis and resultant disability arising in March 1998. He also ruled that the repetitive trauma was the major contributing cause of the stenosis. The JCC concluded, however, that the herniated disk was not compensable, because the doctor's testimony on causation was unsupported by facts established in the record and claimant was unable to pinpoint any event that caused pain relating to the disk.

On appeal, the E/C argues that the JCC erred because the only CSE established that claimant's noncompensable herniated disk, operating in combination with his preexisting lateral recess stenosis, produced claimant's resulting disability. It contends that Dr. Beranek testified that the stenosis was a preexisting condition and that the herniation was caused by a specific event. Beranek, moreover, never identified either condition by itself as the major contributing cause of claimant's leg and back pain; rather, in his opinion, a combination of the two conditions caused the pain. The E/C concludes with the comments that because claimant, as found by the JCC, failed to prove the disk herniation was compensable, and as the medical evidence showed that both conditions caused the disability, claimant could not establish that the stenosis was the major contributing cause of his disability.

We cannot agree for two reasons. First, in our judgment, there was, under the circumstances, no burden on claimant to prove that the stenosis was the major contributing cause of the disability, because section 440.09(1)(b), Florida Statutes (1997), does not apply under the facts of this case. The stenosis is not a preexisting condition within the meaning of section 440.09(1)(b), and there was only one cause, rather than multiple causes, of claimant's disability and need for treatment. Our second reason for rejecting the E/C's argument arises from the CSE review standard. We find that a combination of the evidence, both lay and medical, supports the JCC's determination that the employment caused claimant's disability and need for treatment.

The first error in the E/C's argument is its reliance on section 440.09(1)(b), which provides as follows:

If an injury arising out of and in the course of employment combines with a preexisting disease or condition to cause or prolong disability or need for treatment, the employer must pay compensation or benefits required by this chapter only to the extent that the injury arising out of and in the course of employment is and remains the major contributing cause of the disability or need for treatment.

The above statute is inapplicable, because, in our judgment, this is not a case in which a compensable injury "combine[d] with a preexisting condition to cause or prolong a disability." Id.

While it is clear from Dr. Beranek's testimony that claimant's spinal stenosis preexisted his disability, this does not mean that it was a preexisting condition, as the term is used by the legislature in section 440.09(1)(b). Historically, this expression has been defined to mean something that is personal to the employee, an idiopathic condition which the worker brings to the workplace, i.e., a condition or disease which exists independently of any employment contribution, although it may be later aggravated or accelerated by the employment. For example, the employee *754 in Mangold v. Rainforest Golf Sports Center, 675 So.2d 639 (Fla. 1st DCA 1996), who suffered a fatal heart attack following a work-related leg injury, had a number of preexisting factors, including morbid obesity, ischemic heart disease with a history of prior heart attack, tobacco and alcohol use, accelerated hypertension, hypercholesterolemia, and a family history of myocardial infarction. Benefits were denied because there was no testimony that the workplace injury, rather than the preexisting conditions, was the major contributing cause of the heart attack and resulting death. Apportionment cases provide further insight regarding the personal nature of preexisting injuries, wherein the employer is relieved from the burden of paying compensation for a worker's disability which occurs as a result of the normal progress of the disease and which is unrelated to the accident, under the theory that industry should not be saddled with the cost of compensating employees for conditions that are entirely personal. See Evans v. Florida Indus. Comm'n, 196 So.2d 748, 752-53 (Fla.1967).

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

Related

Sharon Varricchio v. St. Lucie County Clerk of Courts and Ascension Insurance
271 So. 3d 1206 (District Court of Appeal of Florida, 2019)
Caputo v. ABC Fine Wine & Spirits
93 So. 3d 1097 (District Court of Appeal of Florida, 2012)
Lahodik v. Lahodik
969 So. 2d 533 (District Court of Appeal of Florida, 2007)
Dollar General Corp. v. MacDonald
928 So. 2d 464 (District Court of Appeal of Florida, 2006)
Solsaa ex rel. Solsaa v. Werner Enterprises, Inc.
937 So. 2d 681 (District Court of Appeal of Florida, 2005)
Bullard v. Anheuser-Busch
900 So. 2d 774 (District Court of Appeal of Florida, 2005)
Lanham v. DEPT. OF ENVIRONMENTAL PROTECTION
868 So. 2d 561 (District Court of Appeal of Florida, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
774 So. 2d 751, 2000 WL 1745143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louisiana-pacific-corp-v-harcus-fladistctapp-2000.