HAIM ELLIOT ZERWAL, PETITIONER,
v.
CARIBBEAN MODES, INC., SECURITY MUTUAL INSURANCE CO. OF NEW YORK, AND FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS
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The Florida Supreme Court quashed an order from the Florida Industrial Commission, remanding the case for reconsideration in light of recent controlling precedent. The court found the deputy commissioner's decision was based on an outdated legal premise regarding the proof required for an 'accident' in workers' compensation claims.
Yes, the denial was erroneous because it relied on an outdated legal standard for proving an 'accident' in workers' compensation cases, which had been modified by controlling precedent.
“I think this doctrine was limited or materially modified in Victor Wine & Liquor, Inc. v. Beasley, Fla.1962, 141 So. 2d 581, 588, and Spivey v. Battaglia Fruit Company, supra.”
Explains why the prior ruling was based on an incorrect legal standard.
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Join FLexlaw to unlock all legal intelligenceThe claimant, Haim Elliot Zerwal, sought workers' compensation benefits. The deputy commissioner denied the claim, and the full commission affirmed, b…
The full statement of facts, procedural history, and disposition for this case are member content.
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The record and the evidence in this case have been examined. It comes as near being a “red cow” case to Spivey v. Battaglia Fruit Company, Fla. 1962, 138 So.2d 308, as one will find in the practice, though opposite conclusions were reached and a different judgment was entered in the two cases. A reading of the deputy commissioner’s order in the case at bar reveals that the conclusion of fact and law detailed in the instant case was predicated largely on the premise that the claimant must prove and “incident which would amount to an accident,” before he can recover. I think this doctrine was limited or materially modified in Victor Wine & Liquor, Inc. v. Beasley, Fla.1962, 141 So.2d 581, 588, and Spivey v. Battaglia Fruit Company, supra. The deputy’s order and the full commission’s af-firmance thereof were filed prior to this court’s opinions in the said cases and neither the deputy commissioner nor the full .commission had the advantage of them.
For these reasons I think this court should quash the order of the full commission and remand the cause to the deputy commissioner with instructions to reconsider his finding and judgment in the light of what we held in Victor Wine & Liquor, Inc. v. Beasley, and Spivey v. Battaglia Fruit Company, supra. He may or he may not reach the same conclusion.
It is so ordered.
THORNAL, CALDWELL, HOBSON (Ret.) JJ., and SMITH, Circuit Judge, concur.
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Citator
Cited By
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Haim Elliot Zerwal v. Caribbean Modes, Inc., 170 So. 2d 840 (Fla. 1965)…DREW, Chief Justice. The petitioner’s claim for compensation was originally denied by order of the deputy entered in June 1961, affirmed by the Commission but reversed by opinion of this Court in Zerwal v. Caribbean Modes, Inc., Fla.1962, 145 So. 2d 878. Upon remand the deputy entered an award for claimant on July 16, 1963, which was reversed by the Commission on April 28, 1964. The deputy in his first order concluded that there was no accident to which claimant’s back injury could be attributed,…
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Richardson v. Honeywell, Inc., 188 So. 2d 303 (Fla. 1966)…the time in question, unaccompanied by report of an 'accident’ either on the job or in medical histories, is therefore quite consistent with a conclusion of compensa-ble origin for his injury. * * * ” In a prior decision in the Zerwal case, supra, (145 So. 2d 878, Fla.1962) the court specifically pointed out that the doctrine which required the claimant to prove an incident which amounted to an accident before he could recover was materially modified by the cases of Spivey v. Battaglia Fruit Company, Fla.196…
Authorities Cited
- Victor Wine & Liquor, Inc. v. Beasley, 141 So. 2d 581 (Fla. 1961)
- Spivey v. Battaglia Fruit Co., Inc., 138 So. 2d 308 (Fla. 1962)