HOMER GARY AND ELEANOR GARY, APPELLANTS,

v.

MARION COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (19 total)

• Chaffee v. Miami Transfer Co., Inc., 288 So. 2d 209 (Fla. 1974)
  …t properly be limited to the amount scheduled for injury to the foot alone. Similar results have been reached in other cases of an injury which involved other portions of the body, as, for instance, a shoulder-hand syndrome. See Kashin v. Food Fair, 97 So. 2d 609 (Fla.1957). It can be seen from these cases, and others of like nature, that the fact that an industrial injury falls within the literal ambit of the specifically scheduled injuries of the statute does not necessarily make the statutorily-prescribed…
• S & S Stove Repair, Inc. v. Dumas, 465 So. 2d 644 (Fla. 1st DCA 1985)
  …sible only when a scheduled injury produced a disability or incapacity in a nonscheduled portion of the body. Roberts v. Georgia-Pacific Corporation, 394 So. 2d 1093 (Fla. 1st DCA 1981). This principle was first stated in Kashin v. Food Fair, Inc., 97 So. 2d 609 (Fla.1957), where a claimant whose hand was amputated sought PPD under Section 440.15(3)(u) based on impairment of the body as a whole because of shoulder pains suffered as a result of the injury. The E/C argued that the injury was a scheduled one u…
• Hernandez v. DE Carlo, 116 So. 2d 429 (Fla. 1959)
  …some disabling condition in an unscheduled part of the body thereby entitling the employee to receive benefits for the disabling effects on the unscheduled part of the body superimposed upon the scheduled injury. Kashin v. Food Fair, Inc., Fla.1957, 97 So. 2d 609. However, in concluding that the deputy commissioner necessarily grounded his order entirely on the testimony of the one physician, the full commission committed error. Three doctors testified and the ultimate finding of the deputy was within the r…