U.S. SUGAR CORP. v. HENSON

No. 1D99-2798.

787 So.2d 3 (2000)

UNITED STATES SUGAR CORPORATION, Appellant, v. G.J. HENSON, Appellee.

District Court of Appeal of Florida, First District.

As Corrected April 5, 2001.

Opinion on Denial of Rehearing April 20, 2001.


Attorney(s) appearing for the Case

Dennis M. Campbell of Thomson, Muraro, Razook, Hart, P.A., Miami; David G. Peltan, U.S. Sugar Corporation, Clewiston; and Eduardo E. Neret of Akerman, Senterfitt & Eidson, Miami, for Appellant.

Raymond Michael Ripple and Donna L. Goodman, E.I. du Pont de Nemours and Company, Wilmington, DE; and William W. Deem of McGuire, Woods, Battle & Boothe, LLP, Jacksonville, for Amicus Curiae E.I. du Pont de Nemours and Company.

Scottie J. Butler, General Counsel, Florida Farm Bureau Foundation, Gainesville, for Amicus Curiae Florida Farm Bureau Federation.

Bernard J. Zimmerman, Kevin G. Malchow, Rusten C. Hurd and Marc A. Consalo of Zimmerman, Shuffield, Kiser & Sutcliffe, P.A., Orlando, for Amici Curiae Alico, Inc.; A. Duda & Sons, Inc.; Barron Collier Partnership; Jack M. Berry, Inc.; Hilliard Brothers of Florida, Ltd.; Stitt Ranch, Inc.; and Frierson Farms, Inc.

Oren S. Tasini of Fleming, Haile & Shaw, P.A., North Palm Beach, for Amicus Curiae Rhone-Poulenc.

H. George Kagan of Miller, Kagan, Rodriguez & Silver, P.A., West Palm Beach, for Amici Curiae Florida Fruit & Vegetable Association; Florida Citrus Mutual; Chemical Manufacturers Association; Florida Fertilizer & Agrichemical Association; American Crop Protection Association; Gulf Citrus Growers.

Mary Ann Stiles and Rayford H. Taylor of Stiles, Taylor & Grace, P.A., Tallahassee, for Amicus Curiae Associated Industries of Florida, Inc.

Nina A. Sachs, Esq. and Randy D. Ellison, Esq., West Palm Beach, for Appellee.


VAN NORTWICK, J.

In this workers' compensation appeal, the United States Sugar Corporation (U.S.Sugar), the employer and servicing agent, appeals an order of the Judge of Compensation Claims (JCC) determining that G.J. Henson, appellee and claimant, is permanently and totally disabled, and that his disability was caused by pesticide1 exposure in the workplace. Claimant suffered paralysis of the phrenic nerve, a peripheral nerve which supplies...

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