Walker v Broadview

This August 8 1DCA opinion reverses Judge Lazzara's ruling.

The case revolves around a claimant who was requested by her employer to drop off a package for shipping. As she was returning to her desk, the claimant turned a corner in the hallway and "felt her right foot slip from under her' and fell. As a result of the fall, the claimant sustained a left shoulder rotator cuff tear.  The claimant had no prior history of problems with her left shoulder. There was no evidence that the fall was caused by a medical condition. The JCC found that the claimant had no pre-existing conditions that could have caused the fall. However, the JCC still held that the 'claimant's accidental injury on the employer's premises did not arise out of her employment because her work activity at the time of the incident was not the major contributing cause of her fall or injury."

 

The 1DCA held that in the absence of competing causes of the claimant's accident/injuries then the claimant had satisfied the major contributing cause requirement. Since it was not disputed that the claimant was actively engaged in a work related activity, the only question was the major contributing cause issue. The 1DCA opined that since there were no competing caused of the accident and injury, the claimant's work activity was de facto, the major cause.

Click here to see the 1DCA opinion