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Metropolitan Dade County v. Funches

District Court of Appeal of Florida, First District
Oct 29, 1992
606 So. 2d 514 (Fla. Dist. Ct. App. 1992)

Opinion

No. 92-471.

October 29, 1992.

An Appeal from an order of the Judge of Compensation Claims William Johnson.

Robert A. Ginsburg, Dade County Atty., Carol A. Anderson, Asst. County Atty., Miami, for appellant.

Albert E. Harum, Jr., Miami, for appellee.


The employer/carrier appeal an order of the Judge of Compensation Claims awarding claimant benefits based upon a finding that claimant's liver disease and subsequent liver transplant, and all other resulting problems, are causally related to his employment in a print shop. We affirm upon the premise that the record supports recovery under an exposure theory. The finding in the order that claimant's condition additionally constitutes an occupational disease, which is unsupported by the record, is stricken and under the circumstances constitutes harmless error.

Festa v. Teleflex, Inc., 382 So.2d 122 (Fla. 1st DCA), pet. for rev. denied, 388 So.2d 1119 (Fla. 1980). See also, Lake v. Irwin Yacht Marine Corp., 398 So.2d 902 (Fla. 1st DCA 1981).

AFFIRMED.

BOOTH and BARFIELD, JJ., concur.


Summaries of

Metropolitan Dade County v. Funches

District Court of Appeal of Florida, First District
Oct 29, 1992
606 So. 2d 514 (Fla. Dist. Ct. App. 1992)
Case details for

Metropolitan Dade County v. Funches

Case Details

Full title:METROPOLITAN DADE COUNTY, APPELLANT, v. ROBERT FUNCHES, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Oct 29, 1992

Citations

606 So. 2d 514 (Fla. Dist. Ct. App. 1992)