Pic 'N Save v. Parker

District Court of Appeal of Florida

Pic 'N Save v. Parker

807 So. 2d 689, 2002 Fla. App. LEXIS 172, 2002 WL 46941

CourtDistrict Court of Appeal of Florida

DecidedJanuary 15, 2002

DocketNo. 1D00-3742

StatusPublished

Cited by1 cases

This text of 807 So. 2d 689 (Pic 'N Save v. Parker) 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

Pic 'N Save v. Parker, 807 So. 2d 689, 2002 Fla. App. LEXIS 172, 2002 WL 46941 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

In this workers’ compensation case, the record does not support a finding that Claimant’s pancreatitis is a disease that naturally or unavoidably results from her compensable back injury. See § 440.02(17), Fla. Stat. (1994). Claimant’s position that pain from the accident caused her to consume alcohol, thereby resulting in pancreatitis, is not a basis for compensa-bility. We distinguish cases involving drug addiction as a result of an industrial accident. See Capps v. Buena Vista Construction Co., 786 So.2d 71 (Fla. 1st DCA 2001). In the instant case, Claimant was selfmedicating with alcohol, resulting in pancreatitis and other related conditions. There is no evidence that any doctor prescribed or in any way suggested Claimant’s use of alcohol for relief of pain. This is not a basis for recovery because there is no evidence that Claimant’s use of alcohol was prescribed, as were the drugs in Capps. Therefore, we REVERSE the JCC’s order finding the claim compensable and REMAND for further proceedings consistent with this opinion.

BOOTH, BARFIELD and MINER, JJ„ concur.

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PER CURIAM.

In this workers’ compensation case, the record does not support a finding that Claimant’s pancreatitis is a disease that naturally or unavoidably results from her compensable back injury. See § 440.02(17), Fla. Stat. (1994). Claimant’s position that pain from the accident caused her to consume alcohol, thereby resulting in pancreatitis, is not a basis for compensa-bility. We distinguish cases involving drug addiction as a result of an industrial accident. See Capps v. Buena Vista Construction Co., 786 So.2d 71 (Fla. 1st DCA 2001). In the instant case, Claimant was selfmedicating with alcohol, resulting in pancreatitis and other related conditions. There is no evidence that any doctor prescribed or in any way suggested Claimant’s use of alcohol for relief of pain. This is not a basis for recovery because there is no evidence that Claimant’s use of alcohol was prescribed, as were the drugs in Capps. Therefore, we REVERSE the JCC’s order finding the claim compensable and REMAND for further proceedings consistent with this opinion.

BOOTH, BARFIELD and MINER, JJ„ concur.

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Bluebook (online)

807 So. 2d 689, 2002 Fla. App. LEXIS 172, 2002 WL 46941, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pic-n-save-v-parker-fladistctapp-2002.

Opinion

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