Simon Sez, Inc. v. Ferrer

District Court of Appeal of Florida

Simon Sez, Inc. v. Ferrer

567 So. 2d 51, 1990 Fla. App. LEXIS 7416, 1990 WL 141895

CourtDistrict Court of Appeal of Florida

DecidedSeptember 27, 1990

DocketNo. 89-3268

StatusPublished

Cited by3 cases

This text of 567 So. 2d 51 (Simon Sez, Inc. v. Ferrer) 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.

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Simon Sez, Inc. v. Ferrer, 567 So. 2d 51, 1990 Fla. App. LEXIS 7416, 1990 WL 141895 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

Appellants, the employer and carrier, challenge the award of temporary partial disability (TPD) benefits and medical care. We agree with appellant that the claimant failed to prove her injury was an occupational disease. The fact that appellant did not object to the treating physician’s statement that carpal tunnel syndrome, the claimant’s injury in this case, is often an occupational disease did not satisfy the claimant's burden of proof set forth in section 440.151, Florida Statutes (1987). See Broward Industrial Plating, Inc. v. Weiby, 394 So.2d 1117 (Fla. 1st DCA 1981). However, the alternative basis given for recovery, repeated trauma under Festa v. Teleflex, Inc., 382 So.2d 122 (Fla. 1st DCA 1980) is supported by competent and substantial evidence. Accordingly, the order of compensation is AFFIRMED.

SMITH, WIGGINTON and BARFIELD, JJ., concur.

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PER CURIAM.

Appellants, the employer and carrier, challenge the award of temporary partial disability (TPD) benefits and medical care. We agree with appellant that the claimant failed to prove her injury was an occupational disease. The fact that appellant did not object to the treating physician’s statement that carpal tunnel syndrome, the claimant’s injury in this case, is often an occupational disease did not satisfy the claimant's burden of proof set forth in section 440.151, Florida Statutes (1987). See Broward Industrial Plating, Inc. v. Weiby, 394 So.2d 1117 (Fla. 1st DCA 1981). However, the alternative basis given for recovery, repeated trauma under Festa v. Teleflex, Inc., 382 So.2d 122 (Fla. 1st DCA 1980) is supported by competent and substantial evidence. Accordingly, the order of compensation is AFFIRMED.

SMITH, WIGGINTON and BARFIELD, JJ., concur.

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567 So. 2d 51, 1990 Fla. App. LEXIS 7416, 1990 WL 141895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simon-sez-inc-v-ferrer-fladistctapp-1990.

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