INDIAN RIVER COUNTY SHERIFF'S DEPARTMENT, APPELLANT,
v.
MARLENE ROSKE, APPELLEE
PER CURIAM.
The employer/carrier (E/C) appeal a workers’ compensation order finding that claimant sustained a compensable emotional injury on February 6, 1981.
There must be an actual physical injury or trauma upon which to predicate compensation for a neurosis. See Superior Mill Work v. Gabel, 89 So. 2d 794 (Fla.1956); Williams v. Hillsborough County School Board, 389 So. 2d 1218 (Fla. 1st DCA 1980), pet. for rev. den., 397 So. 2d 780 (Fla.1981); Sunland Training Center — Miami v. Johnson, 9 FCR 172, cert. den. 315 So. 2d 477 (Fla.1975). There is no competent substantial evidence to show that claimant suffered a physical injury or trauma which precipitated her mental condition. The finding of compensability is therefore reversed.
LARRY G. SMITH, JOANOS and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Prahl Bros., Inc. v. Phillips, 429 So. 2d 386 (Fla. 1st DCA 1983)…employment .... It is well established that compensation for neurosis must be predicated upon an underlying physical injury or trauma. See e.g., Superior Millwork v. Gabel, 89 So. 2d 794 (Fla.1956); Indian River County Sheriffs Department v. Roske, 417 So. 2d 1161 (Fla. 1st DCA 1982); Williams v. Hillsborough County School Board, 389 So. 2d 1218 (Fla. 1st DCA 1980), pet. for rev. denied, 397 So. 2d 780 (Fla.1981). However, the underlying physical injury or trauma need not be itself disabling for the ensuing m…
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Brown v. Winn-Dixie Montgomery, Inc., 469 So. 2d 155 (Fla. 1st DCA 1985)…ed robbery involving handgun being placed to claimant’s head and ring being removed from her [*159] finger); compare Williams v. Hillsborough County School Board, 389 So. 2d 1218 (Fla. 1st DCA 1980); Indian River County Sheriffs Department v. Roske, 417 So. 2d 1161 (Fla. 1st DCA 1982). We conclude that Blaich’s act of imper-missibly and offensively grabbing Mrs. Brown’s breast was the kind of physical injury or trauma sufficient to support a workers compensation claim for mental distress or injury directly re…
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Kneer v. Lincare & Travelers Ins., 267 So. 3d 1077 (Fla. 1st DCA 2019)…e[s] the requirement of an ‘accompanying physical injury requiring medical treatment’ before payment of benefits for mental or nervous injuries is allowed.” Utopia Home Care, 230 So. 3d at 73; see also Indian River Cty. Sheriff’s Dep’t v. Roske, 417 So. 2d 1161 (Fla. 1st DCA 1982); see also Superior Mill Work v. Gabel, 89 So. 2d 794 (Fla. 1956). Then, subsection (3) sets a “strict deadline after which no [temporary disability] benefits are payable on psychiatric injuries . . . . [It] starts a clock tha…
Authorities Cited
- Therber v. Travelers Fire Ins. Co., 89 So. 2d 794 (Fla. 1956)
- Johnnye Mae Williams v. Hillsborough Cnty. Sch. Bd. & Ins. Co. of N. Am., 389 So. 2d 1218 (Fla. 1st DCA 1980)
- Gen. Dev. Corp. & Allstate Ins. Co. v. Steven Hunter & the Indus. Relations Comm'n, 315 So. 2d 477 (Fla. 1975)
- Halifax Hosp. Med. Ctr. & Ins. Co. of N. Am. v. Smith, 315 So. 2d 477 (Fla. 1975)