Stimulus-Causing Physical Injury
The heart attack of a worker who experienced a “panic attack” after a malfunctioning elevator’s series of “drop and catch” episodes, was found compensable in Speed v. Securitas USA, 989 So. 2d 710 (Fla. Dist. Ct. App. 2008).
The claimant worked as a security guard and on the date of the incident was assigned to secure one of the employer’s facilities. The elevator in which the claimant was riding malfunctioned, resulting in a series of “drop and catch” episodes. The claimant suffered what he described as a panic attack and reported to a colleague that he felt chest pain. After the chest pain persisted, the claimant went to the hospital and was diagnosed with a mild heart attack. The claimant’s independent medical examiner (IME) testified that the major contributing cause of the heart attack was the elevator incident.
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The employer and carrier denied the claim on the basis that Florida does not allow recovery for “mental-mental” claims. The JCC agreed, finding that on the basis of the claimant’s description of experiencing a panic attack, he had sustained a mental or nervous injury that was not compensable. The court of appeal reversed, holding that it was undisputed that the elevator incident, a workplace accident, was the cause of claimant’s heart attack. See Ch. 56, § 56.02[3] n.23.1. http://www.lexisnexis.com/community/workerscompensationlaw/
© Copyright 2010 LexisNexis. All rights reserved. This material is excerpted from Larson’s Workers Compensation Law. Reprinted with permission.
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