From Casetext: Smarter Legal Research

Hodgen v. Burnup Sims Engineering

District Court of Appeal of Florida, First District
Nov 4, 1982
420 So. 2d 885 (Fla. Dist. Ct. App. 1982)

Opinion

No. AJ-289.

October 6, 1982. Rehearing Denied November 4, 1982.

Appeal from the Deputy Commissioner.

James D. Henry of Harris, Barrett Dew, St. Petersburg, for appellants.

Richard G. Davis of Fowler, White, Gillen, Boggs, Villareal Banker, P.A., St. Petersburg, for appellees.


In this workers' compensation appeal, Mrs. Hodgen contends that her husband's fatal heart attack should have been compensable as an occupational disease pursuant to Section 440.151, Florida Statutes (1981). We decline to follow that line of reasoning and affirm.

Though there was evidence that Mr. Hodgen had undergone some unusual emotional stress, there was no evidence that the heart attack was due to any unusual physical exertion. Emotional strain alone is not sufficient to establish a causal connection between employment and heart failure. Richard E. Mosca Co., Inc. v. Mosca, 362 So.2d 1340 (Fla. 1978); City of Miami v. Rosenberg, 396 So.2d 163 (Fla. 1981).

AFFIRMED.

ERVIN and WIGGINTON, JJ., concur.


Summaries of

Hodgen v. Burnup Sims Engineering

District Court of Appeal of Florida, First District
Nov 4, 1982
420 So. 2d 885 (Fla. Dist. Ct. App. 1982)
Case details for

Hodgen v. Burnup Sims Engineering

Case Details

Full title:KEITH BERKLY HODGEN, DECEASED EMPLOYEE; MARGARET HODGEN, INDIVIDUALLY, AND…

Court:District Court of Appeal of Florida, First District

Date published: Nov 4, 1982

Citations

420 So. 2d 885 (Fla. Dist. Ct. App. 1982)

Citing Cases

Zundell v. Dade County School Bd.

We cannot determine whether such cases were improperly analyzed or simply failed to mention the fact that a…

Diaz v. City of Miami

The record shows that Diaz began to suffer from chest pains, shortness of breath, and left arm pain while…