Simon Sez, Inc. v. Ferrer
Cases that cite this one
2 later published cases cite this decision.
- Allied Fibers v. Rhodes (Va. Ct. App. 1996)
- Associated Industries Insurance v. Federal Insurance Co. (Fla. Dist. Ct. App. 1998)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.