STATE

v.

LEIBY

Citator

Cited By

• Evans v. Fla. Indus. Comm'n, 196 So. 2d 748 (Fla. 1967)
  …Protectu Awning Shutter Co. v. Cline, 1944, 154 Fla. 30, 16 So. 2d 342; Davis v. [*751] Artley Const. Co., 1944, 154 Fla. 481, 18 So. 2d 255; Cleary Bros. Const. Co. v. Nobles, 1945, 156 Fla. 408, 23 So. 2d 525; Borden’s Dairy v. Zanders, Fla. 1949, 42 So. 2d 539; Andrews v. C.B.S. Division, Maule Industries, Fla.1960, 118 So. 2d 206; Standard Oil Co. v. Gay, Fla.1960, 118 So. 2d 212. The broad difference between our earlier and later opinions involving apportionment under Sec. 440.02(19), as well as the in…
• Martin Co. & Cont'l Cas. Co. v. Drucella Carpenter & Fla. Indus. Comm'n, 132 So. 2d 400 (Fla. 1961)
  …this Court, and others, have in construing the Act determined that there is a presumption that the “employer takes the employee as he finds him.” Davis v. Artley Const. Co., 1944, 154 Fla. 481, 18 So. 2d 255, and Borden’s Dairy v. Zanders, Fla.1949, 42 So. 2d 539. Except as limited by Sec. 440.151(1) (b) and Sec. 440.02(19) F.S.A. this presumption makes the employer responsible for compensation benefits to an employee who at the time of employment suffered a disease or bodily infirmity which is accelerated…
• Clyde v. Stephens, 201 So. 2d 731 (Fla. 1967)
  …ortionment of only that portion of disability that existed at the time of the accident. See Allen v. Maxwell Co., 1943, 152 Fla. 340, 11 So. 2d 572; Davis v. Artley Const. Co., 1944, 154 Fla. 481, 18 So. 2d 255; Borden’s Dairy v. Zanders, Fla. 1949, 42 So. 2d 539. Considering the philosophy and theory of workmen’s compensation, there seems to be no logical reason to treat preexisting disability resulting from injury any differently than pre-existing disability resulting from disease or other congenital defec…