Deturk v. Charlotte County Board of County Commissioners
Deturk v. Charlotte County Board of County Commissioners
Opinion of the Court
The Claimant in this workers’ compensation case appeals an order denying his claim for medical benefits and for temporary partial disability and wage loss benefits on the finding that the injury did not arise out of his employment. We reverse and remand for further proceedings.
When this claim was heard by the judge of compensation claims on January 19, 1993, Claimant was 68 years old and had a varied work history, holding a Master’s degree in music. At the time of the accident, he was working for the county during the summertime as a cashier at the county’s public swimming pools. Claimant’s job required him to work at a number of pools throughout the county and to collect money and later deposit the receipts in the night depository at a local bank. Claimant testified that he drove his own vehicle to the pools and to the bank on these occasions at the county’s request.
Claimant eventually returned to work for the Employer for a short period of time, but testified he could not do his regular job and that when the county ran out of “busy work” for him to do, he eventually stopped working on January 14, 1992. He thereafter began looking for work, introducing into evidence wage loss request forms from July 26, 1992, through January 9, 1993. The county and Gallagher-Bassett denied benefits on the basis that Claimant’s condition was related solely to a preexisting or idiopathic disease. The judge of compensation claims agreed, rejecting Claimant’s argument that his act of driving constituted an increased hazard which aggravated the injuries he suffered after he passed out and caused the accident. Significantly, the judge ruled that the question “is not whether one part of the claimant’s job poses a hazard greater than other activities on the job; rather, the question is whether an aspect of the claimant’s job has a hazard greater than that found in his non-employment life.” In so ruling, the judge accepted the county’s argument that since Claimant spent more than half of his driving time for personal reasons rather than for work-related reasons, Claimant’s employment neither contributed to the risk of injury nor aggravated the injuries Claimant sustained in the motor vehicle accident.
As a preliminary matter, Claimant requests this court to rule on whether the judge’s finding that Claimant suffered from an idiopathic condition is based on competent and substantial evidence. A careful review of the record reveals that it is, and therefore that portion of the judge’s order is affirmed. However, we agree with Claimant that the judge erred as a matter of law in ruling that Claimant’s accident and resultant injuries did not arise out of his employment.
A compensable injury under the Florida Workers’ Compensation statute must “arise out of’ employment. See §§ 440.02(1) and (16), and 440.09(1), Fla.Stat. (1989). The supreme court has ruled, however, that injuries caused by risks or conditions personal to the claimant “do not arise out of the employment unless the employment contributes to the risk or aggravates the injury.” Foxworth v. Florida Industrial Commission, 86 So.2d 147, 151 (Fla. 1955). Specifically, “[t]he employment in some manner must contribute an increased hazard peculiar to the employment.” Id. In addition, this court has held that an injury caused by an idiopathic condition “arises out of’ employment when the employment exposes the claimant to conditions “which the claimant would not normally encounter during his non-employment life.” Medeiros v. Residential Communities of America, 481 So.2d 92, 93 (Fla. 1st DCA 1986).
In support of the denial of benefits, the county directs our attention to a number of decisions from the Florida Supreme Court which, it submits, show that the court favors strictly limiting the instances wherein acci
We have thoroughly reviewed the cited cases, and agree that it is a difficult task to reconcile the holdings in some of them with the result in Cline. The cases relied on by the county are primarily idiopathic “fall” cases involving chance falls to the level floor, or falls intercepted by nearby office furniture; which circumstances traditionally have been considered “controversial” because the effects of the fall are believed to be “no different from what they presumably would be at any other place where the employee might happen to be when the seizure occurs.” See 1 Larson, The Law of Workmen’s Compensation § 12.12, at p. 3-356 (1984). As a result, these eases have been treated differently from other idiopathic “fall” cases where the “employment places the employee in a position increasing the dangerous effects of such a fall, such as on a height, near machinery or sharp corners, or in a moving vehicle (emphasis added).” Id. at p. 3-355. As Professor Larson'observed:
Awards are uniformly made when the employee’s idiopathic loss of his faculties took place while he was in a moving vehicle, as in the case of a delivery man whose job required him to be at the wheel of a truck and who “blacked out” during an asthmatic attack and went into the ditch, and of an employee who was on a motor scooter when he lost consciousness. It seems obvious that the obligations of their employment had put these employees in a position where the consequences of blacking out were markedly more dangerous than if they had not been so employed. [Footnote omitted.]
Id. at pp. 3-356-57.
Florida has long held that an automobile is a dangerous instrumentality when operated upon the public highways. See Ingram v. Pettit, 340 So.2d 922 (Fla. 1976). If a claimant is required by his employer to operate a dangerous instrumentality as part of his employment, then his employment subjects him to an activity which increases the risk of an injury when an accident is caused by an idiopathic, or preexisting, condition, should such condition manifest itself during the employment. For this reason, we disapprove the judge’s ruling that the length of time Claimant used his vehicle for personal, as opposed to work-related, reasons controls the outcome of this case. Claimant’s employment required him to operate a dangerous instrumentality on the public highways. That is what he was doing when the accident occurred. As a result, Claimant’s employment obligations placed him in a position where the consequences of his losing consciousness were more dangerous and likely to result in more serious injury. In short, his employment clearly created a special and increased hazard contributing to the risk of aggravating any injury precipitated by his preexisting condition. Cf Lovett v. Gore Newspapers Company, 419 So.2d 306 (Fla. 1982) (tiled concrete floor and requirement that the claimant work two hours beyond her normal shift despite her protestations that she was feeling ill were factors that presented a special and increased hazard to the claimant’s pre-existing back condition and fall was held to be a compensable accident). Under these circumstances, it was error to deny Claimant benefits simply because it was shown that he also operated his automobile for non-employment reasons.
The order is REVERSED and this cause is REMANDED for further proceedings.
. Employing a similar analysis to idiopathic "fall” cases, a number of other jurisdictions have found compensable injuries caused while the employee was in a moving vehicle. See, e.g., Bennett v. Wichita Fence Co., 16 Kan.App.2d 458, 824 P.2d 1001 (1992) (holding that the employee's act of driving the employer's vehicle in the course of his employment subjected the employee to the additional risk of travel, and that while the seizure was personal to the employee, the risk of travel arose out of the employment and the two concurred to produce the injuries); Williams v. City of Gallup, 77 N.M. 286, 421 P.2d 804 (1966) (employee's use of a motor scooter for work purposes increased hazard of fall, thus making the additional injuries compensable when em
. We distinguish the instant circumstances from those in Medeiros v. Residential Communities of America, 481 So.2d 92, wherein we upheld the denial of benefits on the basis that the claimant's employment did not expose her to conditions she would not normally encounter in her non-employment life. Therein, the claimant became dizzy (a symptom of which she had been complaining since an earlier non-compensable accident) and fell on a stairway while making a deliveiy for her employer. We observed that there was no evidence that the stairway in any way contributed to the risk of injury.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.