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Diaz v. City of Miami

District Court of Appeal of Florida, First District
Mar 11, 1983
427 So. 2d 1085 (Fla. Dist. Ct. App. 1983)

Opinion

No. AM-74.

March 11, 1983.

Appeal from the Deputy Commissioner.

Peter S. Schwedock of Pelzner, Schwedock, Finkelstein Klausner, P.A., Miami, for appellant.

Thomas W. Conroy of Conroy Simberg, P.A., Hollywood, for appellee.


Diaz, employed by the City of Miami as a police officer for over nine years, contends in this workers' compensation appeal that he should have been awarded temporary total disability benefits, wage loss benefits, attorney's fees, and costs due to his labile hypertension and premature heartbeats. We disagree.

The record shows that Diaz began to suffer from chest pains, shortness of breath, and left arm pain while sitting at home one evening. There was no evidence that Diaz's condition was due to any unusual strain or overexertion. As with heart failure, emotional strain alone is not sufficient to establish a causal connection between employment and internal failures of the cardiovascular system such as the ones here. City of Miami v. Rosenberg, 396 So.2d 163 (Fla. 1981); Hodgen v. Burnup Sims Engineering, 420 So.2d 885 (Fla. 1st DCA 1982).

AFFIRMED.

ERVIN, J. and AGNER, ROYCE (Associate Judge), concur.


Summaries of

Diaz v. City of Miami

District Court of Appeal of Florida, First District
Mar 11, 1983
427 So. 2d 1085 (Fla. Dist. Ct. App. 1983)
Case details for

Diaz v. City of Miami

Case Details

Full title:JOSE DIAZ, APPELLANT, v. CITY OF MIAMI, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Mar 11, 1983

Citations

427 So. 2d 1085 (Fla. Dist. Ct. App. 1983)

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