DocketNumber: No. AU-98
Judges: Barfield, Ervin, Wentworth
Filed Date: 5/3/1984
Status: Precedential
Modified Date: 10/18/2024
Appellants, the employer and carrier, contend the deputy commissioner erred in finding compensable an accident resulting in the aggravation of a ganglion on Fitzpatrick’s wrist. We disagree and affirm.
The record contains competent substantial evidence showing that Fitzpatrick’s original wrist ganglion in 1979 was work-related and was treated as such by Eastern’s orthopedic consultant, Dr. Jones. Fitzpatrick later suffered an accident on April 24, 1982 when she twisted or sprained her wrist while removing a tray containing three meals from an on-board oven resulting in immediate pain and an inability to fully carry out her duties. Competent medical testimony by Dr. Jones related the resulting ganglion node to Fitzpatrick’s work within a reasonable medical probability. Where, as here, an identifiable accident occurs, which either immediately or subsequently results in an injury, a claimant need not meet the enhanced evidentiary burden imposed in internal failure cases. Popiel v. Broward County School Board, 432 So.2d 1374, 1375 (Fla. 1st DCA 1983).
AFFIRMED.