Martin County School Board v. McIntosh
Martin County School Board v. McIntosh
Opinion of the Court
This is in appeal from a workers’ compensation order awarding Homer McIntosh medical benefits, temporary partial disability benefits, wage loss benefits, penalties and interest. Appellants argue that the record does not contain competent, substantial evidence to support the judge of compensation claims’ findings that Claimant sustained a disabling occupational disease within the meaning of section 440.151, Florida Statutes (1987), by reason of his suffering from chromate sensitivity and resulting allergic reactions caused by contact with concrete during the course of his work for appellant school board. Appellants primarily request that we reverse the order and remand with directions that Claimant undergo a patch test for chromate sensitivity, relying on medical testimony that such a test, if positive, will affirmatively establish that Claimant does in fact suffer from chromate sensitivity.
After very careful study of the extensive record in this case, we conclude that the medical testimony is legally sufficient to support the award for chromate sensitivity under section 440.151 without performing the requested patch test. At least two doctors expressed unqualified opinions based on their observations of
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.