Cold Air Distributors of Florida, Inc. v. Sloan
Docket: No. 94-429
Court: District Court of Appeal of Florida; May 18, 1995; Florida; State Appellate Court
The court affirms the decision of the judge of compensation claims (JCC) regarding the workers' compensation claim of Susan D. Sloan, who was awarded benefits. The first two points on appeal by the employer and carrier are affirmed without discussion. The critical third point addressed the JCC's determination that Sloan's tibial tendonitis was a compensable injury under the repetitive trivial trauma theory. Sloan provided testimony about her job duties, which the JCC accepted as credible. Medical testimony from Dr. Paul Gotkin indicated that Sloan's inherited condition of an enlarged navicular bone, along with her job duties, contributed to her injury. Dr. Gotkin stated that, based on hypothetical scenarios involving her condition and job responsibilities, it was reasonably probable her employment caused her injury. He noted that Sloan's pain developed gradually over three weeks, contradicting her claim of an acute injury occurring shortly before her doctor's visit. The JCC's rejection of Sloan's acute injury testimony was supported by competent substantial evidence, including Dr. Gotkin's opinions that align with the repetitive trauma theory. The court clarifies that exposure to work-related activities, whether constant or intermittent, can establish causation, but must be evaluated alongside all evidence, including medical opinions. Even a single medical opinion may suffice to establish a causal relationship between a claimant’s condition and their employment. The decision is affirmed, with the concurrence of Judges Zehmer and Allen, while Judge Kahn dissents with a written opinion.