BROOKS-SCANLON
v.
LEE
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The Florida Supreme Court reversed a lower court's decision, holding that the deceased husband's injury did not arise from an "accident" as required by the Workmen's Compensation Act. The court emphasized that the injury itself cannot constitute the accident.
No, the deceased husband did not sustain an injury by "accident" as required by the Workmen's Compensation Act. The court held that an accident must precede the injury; the injury cannot suffice for or constitute the accident.
[1] Under the Workmen's Compensation Act, an accident must precede and be distinct from the injury itself; the injury cannot constitute the accident for which compensation is…
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Join FLexlaw to unlock all legal intelligence“The only question here is whether appellee's deceased husband sustained an injury by "accident" within the meaning of our Workmen's Compensation Act.”
This quote frames the central legal issue of the case.
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Join FLexlaw to unlock all legal intelligenceThe appellees' deceased husband sustained an injury, and all inferior tribunals found that it was an accident within the meaning of the Workmen's Comp…
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ADAMS, Chief Justice.
The only question here is whether appellee's deceased husband sustained an injury by "accident" within the meaning of our Workmen's Compensation Act.
All inferior tribunals found in the affirmative although the circuit court plainly indicated that the injury preceded any possible accident, if there was any accident. In City of Tallahassee v. Roberts, 155 Fla. 815, 21 So. 2d 712, and cases cited there, we construed the statute (Sec. 440.01 et seq., Fla. Stat. 1941, F.S.A.) to the effect that to authorize an award there must be an accident preceding the injury. In other words, the injury itself cannot suffice for, or constitute, the accident.
This case is ruled by our decision in Cleary Brothers Construction Company v. Nobles, 156 Fla. 408, 23 So. 2d 525. This case is distinguished from the several cases cited in Protectu Awning Shutter Company v. Cline, 154 Fla. 30, 16 So. 2d 342; Davis v. Artley Construction Company, 154 Fla. 481, 18 So. 2d 255, by appellee for in those cases we found that there was an accident which preceded the injury.
The judgment is therefore Reversed.
THOMAS, HOBSON, and ROBERTS, JJ., and TILLMAN, A.J., concur.
CHAPMAN, J., dissents.
TERRELL, J., not participating.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Victor Wine & Liquor, Inc. v. Beasley, 141 So. 2d 581 (Fla. 1961)…in holding that compensation should be denied where there was no literal “accident,” such as a slip, mis-step or fall, resulting in injury — or, as we sometimes said, “The injury cannot suffice for the accident.” See Brooks-Scanlon v. Lee, Fla.1950, 44 So. 2d 650 (cerebral hemorrhage while lifting hoards at a sawmill); Peterson v. City Commission, Fla.1950, 44 So. 2d 423 (left knee “snapped” when employee squatted to a deep-knee position); LeViness v. Mauer, Fla.1951, 53 So. 2d 113 (chest pains while working…
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Gray v. Emp'rs Mut. Liab. Ins. Co., 64 So. 2d 650 (Fla. 1952)…the injury; that appellant did not “slip, fall or make a mis-step,” and that, therefore, the appellant’s claim was not compensable, since “the injury itself cannot suffice for, or constitute, the accident”, citing Brooks-Scanlon, Inc., v. Lee, Fla., 44 So. 2d 650, and Le Viness v. Mauer, Fla., 53 So. 2d 113. The order of the Deputy Commissioner was affirmed by the Full Commission and, in turn, by the Circuit Court in and for Dade County. The statement that “the injury itself cannot suffice for, or constitut…1 / 3
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McNeill v. Thompson, 53 So.2d 868 (Fla. 1951)…r holdings in City of Tallahassee v. Roberts, 155 Fla. 815, 21 So. 2d 712; Peterson v. City Commission of Jacksonville, Fla., 44 So. 2d 423; Cleary Bros. Construction Company v. Nobles, 156 Fla. 408, 23 So. 2d 525; Brooks Scanlon, Inc. v. Lee, Fla., 44 So. 2d 650. The judgment appealed from must, therefore, be reversed. It is so ordered. SEBRING, C.J., and TERRELL, THOMAS and ADAMS, JJ., concur. CHAPMAN and ROBERTS, JJ., dissent.…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Protectu Awning Shutter Co. v. MRS. Lena Cline, 154 Fla. 30 (Fla. 1944)
- Davis v. Artley Constr. Co., 154 Fla. 481 (Fla. 1944)
- Cleary Bros. Constr. Co. v. Nobles, 156 Fla. 408 (Fla. 1945)
- Lane v. State, 155 Fla. 815 (Fla. 1945)
- Brooks-Scanlon v. Lee, 44 So. 2d 650 (Fla. 1950)