Florida court revives claim for worker who fell for unknown reason
A Florida appellate court on Monday overturned a denial of benefits to a massage therapist who fell for an unknown reason as she was leaving work.
Zahava Soya worked for Health First Inc. as a massage therapist. As she was leaving work for the day on Dec. 13, 2019, she exited the massage room, walked across a carpeted floor toward the women's locker room entrance and fell into a door, according to Soya v. Health First Inc., filed in Court of Appeal for the 1st District of Florida in Tallahassee.
Ms. Soya was wearing rubber-soled shoes while carrying her purse, a teacup, a small bag of homemade chocolates, and was walking at a normal pace. She was unable to say exactly how the fall happened, according to documents.
The company hired an engineer to inspect the flooring area. He found no anomalies with its surface or configuration and noted that it was slip-resistant.
A Judge of Compensation Claims denied Ms. Soya’s workers compensation claim, finding her fall did not arise out of her employment because her employment did not expose her to conditions that would substantially contribute to the risk of injury to which she would not normally be exposed during her non-employment life.
The appeals court reversed and remanded, ruling the “increased hazard analysis” applies only where there is a contributing cause outside of employment. “Where an accident's cause is unknown, it is error to deny compensability on grounds that the accident ‘could have happened elsewhere,’” the court said, because doing so overlooks the express language of Florida law providing that “compensation shall be payable irrespective of fault as a cause for the injury.”
The court explained that “(c)lumsiness is covered,” and Ms. Soya was "actively engaged" in work at the time of her accident.
WorkCompCentral is a sister publication of Business Insurance. More stories here.
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