Irving v. Ametek, Inc.

I respectfully dissent on two bases: First, the defense formerly available under Martin Company v. Carpenter, 132 So.2d 400 (Fla.1961), has been statutorily restricted to cases involving previous disability or compensation for “previous disability, impairment, anomaly, or disease.” § 440.15(5)(a), Fla. Stat. (1995). Since, as the majority opinion notes, ante at 1048, Ms. Irving was neither disabled by nor compensated for what the physician who treated her on September. 1, 1994, diagnosed as “a self-limiting [muscle strain] that she would recover from completely,” her subsequent employer, who…