OPAL DAVIS, APPELLANT,
v.
SUN BANKS OF ORLANDO AND HARTFORD INSURANCE COMPANY, APPELLEES
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Emotional injuries not associated with physical injury are excluded from the Workers' Compensation Act and are not compensable.
A claimant appealed an order denying her claim for an emotional injury. The injury was not associated with any physical impact.…
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MILLS, Judge.
The claimant appeals from a workers’ compensation order denying her claim for an emotional injury. We affirm.
Emotional injuries due to fright or excitement unassoeiated with physical injury are excluded from the Workers’ Compensation Act. Section 440.02(18), Florida Statutes (1981). Injuries of this nature are the proper subject of a civil action. Williams v. Hillsborough County School Board, 389 So. 2d 1218 (Fla. 1st DCA 1980).
Where a civil action is dismissed with prejudice because the exclusive remedy is under the Act and the deputy subsequently denies the claim because it is excluded from coverage by the Act, the deputy does not have authority to establish a remedy by applying equitable principles.
For the information and benefit of the attorneys and their clients, I shall not render a per curiam affirmed opinion hereafter. First, I shall sign all opinions in cases assigned to me for primary responsibility.
Second, I shall write a short opinion in each case assigned to me and shall tersely give the reason for affirming each issue raised by the appellant or cross appellant.
I hope that this action by me will answer .the frequent complaints about per curiam affirmed decisions. The attorneys and their clients will generally know why their cases are affirmed. The possible remedies from adverse decisions will be preserved for consideration by the Supreme Court.
LARRY G. SMITH and SHAW, JJ., concur.
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Citator
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Byrd v. Richardson-Greenshields Sec., Inc., 552 So. 2d 1099 (Fla. 1989)…), review denied, 440 So. 2d 353 (Fla.1983). This is not true, however, where no physical injury has occurred, since the statute by its own terms excludes such matters. E.g., Superior Mill Work v. Gabel, 89 So. 2d 794 (Fla.1956); Davis v. Sun Banks, 412 So. 2d 937, 937 (Fla. 1st DCA), review denied, 419 So. 2d 1196 (Fla.1982); Williams v. Hillsborough County School Bd., 389 So. 2d 1218, 1219 (Fla. 1st DCA 1980), review denied, 397 So. 2d 780 (Fla.1981). Indeed, the statute expressly prohibits a workers’ compe…
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Brown v. Winn-Dixie Montgomery, Inc., 469 So. 2d 155 (Fla. 1st DCA 1985)…Obviously, if no relief is available to one who asserts injury, the worker should be free to pursue his or her tort remedies. Cf. Williams v. Hillsborough County School Board, 389 So. 2d 1218, 1219 (Fla. 1st DCA 1980); Davis v. Sun Banks of Orlando, 412 So. 2d 937 (Fla. 1st DCA 1982). This view is endorsed by Professor Larson, who states that “[wjhen no compensation remedy is available, these tort actions [those involving non-physical injury torts, such as false imprisonment, libel, malicious prosecution, fr…
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Polk Nursery Co., Inc. v. Riley, 433 So. 2d 1233 (Fla. 1st DCA 1983)…atutes, excludes such injuries, due to fright or excitement only, from those injuries com-pensable under the Workers’ Compensation Law. Williams v. Hillsborough County School Board, 389 So. 2d 1218 (Fla. 1st DCA 1980); Davis v. Sun Banks of Orlando, 412 So. 2d 937 (Fla. 1st DCA 1982). The deputy’s order is reversed and the cause remanded with directions to dismiss the claims. WIGGINTON and NIMMONS, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Johnnye Mae Williams v. Hillsborough Cnty. Sch. Bd. & Ins. Co. of N. Am., 389 So. 2d 1218 (Fla. 1st DCA 1980)