SEARS, ROEBUCK COMPANY v. PITTMAN, 579 So.2d 160 (Fla.App. 1 Dist. 1991)

SEARS, ROEBUCK COMPANY, AND ALLSTATE INSURANCE COMPANY, APPELLANTS, v. ROSELLA PITTMAN, APPELLEE.

No. 90-1803.District Court of Appeal of Florida, First District.
April 8, 1991. Rehearing Denied June 13, 1991.

An appeal from an order of the Judge of Compensation Claims; Nolan S. Winn, Judge.

E. Robert Williams and Karen K. Cole, of Boyd Jenerette, P.A., Jacksonville, for appellants.

Robert P. Eshelman, II, of Kattman, Eshelman MacLennan, P.A., Jacksonville, for appellee.

MINER, Judge.

Finding that the order of the Judge of Compensation Claims awarding benefits based upon his finding that claimant’s injury was causally related to an industrial accident was supported by competent substantial evidence and further that the JCC did not err in applying the logical cause doctrine on the record before us, we affirm the order appealed from.

BARFIELD, J., concurs.

NIMMONS, J., dissents with opinion.

NIMMONS, Judge, dissenting.

I would reverse the J.C.C.’s award of compensation. I would hold that the claimant failed to establish a causal connection between the alleged incident at work and her subsequent back problems. I am of the view that the claimant was not entitled to the benefit of the logical cause doctrine because the purported logical cause was not sufficiently proven by the lay and expert testimony so as to shift to the E/C the burden of demonstrating a more logical cause. Wilhelm v. Westminster Presbyterian Church, 235 So.2d 726 (Fla. 1970); City of Ft. Lauderdale v. Lindie, 496 So.2d 168, 170 (Fla. 1st DCA 1986).