HAROLD M. WHITNEY, PETITIONER,
v.
COLONIAL INN, HOUSTON FIRE & CASUALTY INSURANCE CO., AND THE FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS
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The Florida Supreme Court reviewed an order from the Industrial Commission that reversed a deputy's award of benefits to an employee, Harold M. Whitney. The court agreed with the Commission that Whitney's employment was "casual" and thus excluded from coverage, denying his claim.
Yes, the court held that Whitney's employment was "casual" and excluded from coverage.
“Our examination of the record and briefs, after oral argument, leads us to agree that the claimant was engaged in a "casual employment" and thereby excluded from coverage by Section 440.02(3) supra.”
This quote establishes the court's agreement with the Industrial Commission's finding that the employment was casual.
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Join FLexlaw to unlock all legal intelligenceHarold M. Whitney was awarded benefits by a deputy commissioner. The Florida Industrial Commission reversed this award, finding Whitney to be a "profe…
The full statement of facts, procedural history, and disposition for this case are member content.
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We have for review an order of the Florida Industrial Commission which reversed an order of a deputy awarding benefits to an employee Harold M. Whitney. The Full Commission was of the view that Whitney was a “professional athlete” within the exclusions of Section 440.02(1)(c)(4), Florida Statutes, F.S.A.; that he was not an “employee” and that at most he was engaged in “casual employment” within the provisions of Section 440.02(3), Florida Statutes, F.S.A,
Our examination of the record and briefs, after oral argument, leads us to agree that the claimant was engaged in a “casual employment” and thereby excluded from coverage by Section 440.02(3) supra. It is unnecessary for us to consider the other holdings of the Full Commission and we therefore do not pass upon them.
The writ is denied.
It is so ordered.
DREW, C. J., and ROBERTS, THOR-NAL, O’CONNELL and CALDWELL, JJ., concur. •
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