Southeast Erectors, Inc. v. Wiley
Southeast Erectors, Inc. v. Wiley
Opinion of the Court
Employer and Carriers, Southeast Erectors, Inc., Underwriters Adjusting Company, and Crims, Inc., appeal a workers’ compensation order entered after remand from Wiley v. Southeast Erectors, Inc., 573 So.2d 946 (Fla. 1st DCA), rev. denied, 582 So.2d 623 (Fla. 1991) (Wiley I), which held that the judge’s finding that Claimant’s pulmonary condition was compensable was based on an
Upon remand, the judge did as he was directed by Wiley I. His findings, made in light of the previous workers’ compensation order and Wiley I, correctly and sufficiently address the issues, and his findings that Claimant has suffered a pulmonary dysfunction, that she has been exposed to conditions and products that could cause the dysfunctions, and that the increased symptoms are temporally related to her employment with Employer are supported by competent, substantial evidence. Whether the condition was caused by exposure or merely aggravated by exposure is not an issue on this appeal.
Employer and Carriers also argue that the order under review should be reversed because the claim should have been considered under the occupational disease theory instead of the exposure theory. We disagree. In Tokyo House, Inc. v. Hsin Chu, 597 So.2d 348, 351 (Fla. 1st DCA 1992), this court noted that “[although the doctrines occasionally overlap and exposure or repeated trauma injuries may sometimes also be occupational diseases, the concepts are not identical.”
In the present case, the record reveals that the case clearly and correctly was tried under the exposure theory.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.