Opinion
No. AP-282.
July 22, 1983. Rehearing Denied August 25, 1983.
Appeal from an order of Deputy Commissioner J. Paul Jones, Jr.
Bill McCabe, of Shepherd, McCabe Cooley, and J. David Parrish, of Hurt Parrish, Orlando, for appellant.
Janet R. DeLaura, of Smalbein, Eubank, Johnson, Rosier Bussey, P.A., Rockledge, for appellees.
AFFIRMED.
MILLS and BOOTH, JJ., concur.
SHIVERS, J., dissents, with opinion.
I respectfully dissent. The sole medical testimony clearly establishes that claimant's heart condition was the result of claimant's spreading mulch on the premises. The treating physician, a cardiologist, testified that, in his opinion, within reasonable medical probability, the heart attack resulted from the activity of spreading mulch on the parking lot. I am also convinced that although claimant had regularly done what work was necessary in the business, his mulch pitching and spreading activity was a strain or exertion not routine to the work the claimant was accustomed to performing. Since the claimant has shown both medical and legal causation, I would find the heart attack compensable and reverse.