three pronged test (Florida) · Go Syfert
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three pronged test in Florida

9 Florida opinions name it 2 courts 1981–2019 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Haines City Community Dev. v. Heggsgreen
fla · 1995 · cited in 3 Florida opinions naming this issue, 2014–2014
2 sentences

2014Haines City Cmty Dev. v. Heggs, 658 So. 2d 523, 530 (Fla. 1995); Educ.

2014Haines City Cmty Dev. v. Heggs, 658 So. 2d 523, 530 (Fla. 1995); Educ.

33
Festa v. Teleflex, Inc.green
fladistctapp · 1980 · cited in 3 Florida opinions naming this issue, 1981–1998
2 sentences

1998Judge Ervin explained the difference between occupational disease and repetitive trauma or exposure in Lake v. Irwin Yacht & Marine Corp., 398 So.2d 902, 903-04 (Fla. 1st DCA 1981): As to exposure, in Festa v. Teleflex, [ 382 So.2d 122, 124 (Fla. 1st DCA 1980)1 we established a three pronged test: (1) The claimant must have had a prolonged exposure; (2) a causal relationship must be established between the exposure and the injury or aggravation; and (3) claimant must establish that he or she has been subject to a hazard greater than that to which the general public is exposed.

1986As to exposure, in Festa v. Teleflex, Inc., 382 So.2d 122 (Fla. 1st DCA 1980), this court established the following three pronged test: (1) the claimant must have had a prolonged exposure; (2) a causal relationship must be established between the exposure and the injury or aggravation; and (3) the claimant must establish that he or she has been subject to a hazard greater than that to which the general public is exposed.

13
Lake v. Irwin Yacht & Marine Corp.green
fladistctapp · 1981 · cited in 1 Florida opinions naming this issue, 1998–1998
1 sentence

1998Judge Ervin explained the difference between occupational disease and repetitive trauma or exposure in Lake v. Irwin Yacht & Marine Corp., 398 So.2d 902, 903-04 (Fla. 1st DCA 1981): As to exposure, in Festa v. Teleflex, [ 382 So.2d 122, 124 (Fla. 1st DCA 1980)1 we established a three pronged test: (1) The claimant must have had a prolonged exposure; (2) a causal relationship must be established between the exposure and the injury or aggravation; and (3) claimant must establish that he or she has been subject to a hazard greater than that to which the general public is exposed.

11
Food MacHinery Corp. v. Shookgreen
fladistctapp · 1983 · cited in 1 Florida opinions naming this issue, 1986–1986
1 sentence

1986Accord, Food Machinery Corp. v. Shook, 425 So.2d 163 (Fla. 1st DCA 1983).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Broward Indus. Plating, Inc. v. Weiby green
fladistctapp · 1981
2 sentences

1998We have also recently announced in Broward Industrial Plating, Inc. v. Weiby, 394 So.2d 1117 (Fla. 1st DCA 1981), a four-factor test that must be proven by the claimant before he or she can recover for an occupational disease: (1) the disease must be actually caused by employment conditions that are characteristic of and peculiar to a particular occupation; (2) the disease must be actually contracted during employment in the particular occupation; (3) the occupation must present a particular hazard of the disease occurring so as to distinguish that occupation from usual occupations, or the inc

1981We have also recently announced in Broward Industrial Plating, Inc. v. Weiby, 394 So.2d 1117 (Fla. 1st DCA 1981), a four-factor test that must be proven by the claimant before he or she can recover for an occupational disease: (1) the disease must be actually caused by employment conditions that are characteristic of and peculiar to a particular occupation; (2) the disease must be actually contracted during employment in the particular occupation; (3) the occupation must present a particular hazard of the disease occurring so as to distinguish that occupation from usual occupations, or the inc

21981–1998
Broward County v. GBV Intern., Ltd. green
fla · 2001
1 sentence

2019Id. at 846 .

12019–2019
Securities and Exchange Commission v. W. J. Howey Co. green
scotus · 1946
2 sentences

2004Howey Co., 328 U.S. 293 , 66 S.Ct. 1100 , 90 L.Ed. 1244 (1946) (To prove the existence of an investment contract there is a three pronged test which requires: 1) an investment of money; 2) a common enterprise; and 3) expectations of profits to be derived solely from the efforts of another.).

2004Howey Co., 328 U.S. 293 , 66 S.Ct. 1100 , 90 L.Ed. 1244 (1946) (To prove the existence of an investment contract there is a three pronged test which requires: 1) an investment of money; 2) a common enterprise; and 3) expectations of profits to be derived solely from the efforts of another.).

12004–2004
Ward v. State green
fladistctapp · 1988
1 sentence

1997Id. at 1083 .

11997–1997

Statutes the citing opinions construe

FL § 322.2615 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 19 (1976–2025) WV 14 (1998–2025) FL 9 (1981–2019) OH 8 (1999–2022) MI 8 (2014–2023) TX 6 (1994–2015) CT 6 (1990–2021) CO 5 (1974–1993) NC 5 (2003–2022) CA 5 (1986–2024) NJ 5 (1976–1992) MS 4 (1997–2002) LA 4 (1986–2007) WA 4 (2017–2020) TN 4 (1981–2020) NY 2 (1979–2016) KS 2 (2008–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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