You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Lowe's of Bradenton v. Stuck

Citations: 561 So. 2d 322; 1990 Fla. App. LEXIS 2136; 1990 WL 35927Docket: No. 89-1891

Court: District Court of Appeal of Florida; March 28, 1990; Florida; State Appellate Court

Narrative Opinion Summary

In this appellate review of a workers' compensation case, the claimant sought temporary total disability benefits, alleging an injury linked to his employment at a retail store. Previously, the claimant had suffered multiple back injuries at another workplace, culminating in surgery. The claimant's current disability claim was based on repetitive trauma experienced during his employment. However, the court emphasized the lack of competent substantial evidence supporting the judge of compensation claims (JCC)'s decision to grant benefits. The claimant's physician attributed the condition to various daily activities without specific job-related causation. Furthermore, the claimant was unable to prove that his work exposure was significantly greater than that of the general public, nor establish a direct causal link to his disability. Consequently, the appellate court reversed the JCC's award of benefits, with Judges Booth and Miner concurring, underscoring the critical importance of evidence in substantiating claims of work-related repetitive trauma.

Legal Issues Addressed

Competent Substantial Evidence Requirement

Application: The decision highlights the necessity of competent substantial evidence to support the findings of compensability in workers' compensation cases.

Reasoning: The appellate court found no competent substantial evidence to support this conclusion.

Repetitive Trauma and Work-Related Injury

Application: The claimant failed to demonstrate that his injury was due to repetitive trauma associated with his employment at Lowe's.

Reasoning: The judge of compensation claims (JCC) ruled that the claimant's injury stemmed from repetitive trauma due to his work activities. However, the appellate court found no competent substantial evidence to support this conclusion.

Reversal of Temporary Total Disability Benefits

Application: The appellate court reversed the award of temporary total disability benefits due to insufficient evidence supporting the claim of work-related injury.

Reasoning: The court reversed a prior order awarding temporary total disability benefits to the claimant, who alleged an injury resulting from his employment at Lowe’s of Bradenton.

Standard of Proof in Repetitive Trauma Claims

Application: The claimant was unable to establish that the cumulative effect of work exposure was greater than that encountered by the general public.

Reasoning: To recover under a repetitive trauma theory, the claimant needed to demonstrate prolonged exposure and that the cumulative effect of this exposure was greater than what the general public encounters, as well as establish a causal link to his disability.