Florida District Courts of Appeal, 1983

Viviano v. Hurry Kane Inn, Inc.

Viviano v. Hurry Kane Inn, Inc.
Florida District Courts of Appeal · Decided July 22, 1983 · Booth, Mills, Shivers
436 So. 2d 265; 1983 Fla. App. LEXIS 21498 (Southern Reporter, Second Series)

Viviano v. Hurry Kane Inn, Inc.

Dissenting Opinion

SHIVERS, Judge,

dissenting:

I respectfully dissent. The sole medical testimony clearly establishes that claimant’s heart condition was the result of claimant’s spreading mulch on the premises. The treating physician, a cardiologist, testified that, in his opinion, within reasonable medical probability, the heart attack resulted from the activity of spreading mulch on the parking lot. I am also convinced that although claimant had regularly done what work was necessary in the business, his mulch pitching and spreading activity was a strain or exertion not routine to the work the claimant was accustomed to performing. Since the claimant has shown both medical and legal causation, I would find the heart attack compensable and reverse.

Opinion of the Court

PER CURIAM.

AFFIRMED.

MILLS and BOOTH, JJ., concur. SHIVERS, J., dissents, with opinion.

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