RAY STONER, PETITIONER,
v.
HIALEAH RACE COURSE, INC., CONSOLIDATED MUTUAL INSURANCE CO., AND FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS
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The Florida Supreme Court reviewed a workers' compensation denial based on untimely notice of injury. The Court held that the 30-day notice requirement under Florida law does not begin running until a reasonable prudent person recognizes the fact of an injury causally related to employment, and the claimant's notice filed 30 days after seeking medical attention was therefore timely.
The 30-day notice period does not commence until a reasonable prudent person should recognize the fact of injury causally related to employment. In this case, given the claimant's pre-existing chronic back disability and the nature of his physical symptoms, he had no reason to recognize a current injury until medical attention and hospitalization became necessary ten days after the accident. Therefore, the claim filed 30 days later was timely.
“the time limited does not begin to run until a reasonable prudent person should recognize the fact of injury causally related to employment”
Establishes the governing legal principle for when the 30-day notice period commences under workers' compensation law.
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Join FLexlaw to unlock all legal intelligenceThe petitioner Stoner suffered back injuries on February 8 and 14, 1966, while lifting heavy weight in the course of his work. He had a pre-existing c…
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The petition for’ certiorari in this case seeks review of an order of the Commission affirming the denial of petitioner’s claim for compensation (filed March 29, 1966) on the ground that notice of injury was not given to the employer within 30 days of the accidents which, according to the findings of the compensation order, occurred on February 8 and 14, 1966.
On consideration of the petition, briefs and argument of the parties, and the uncontroverted evidence and factual recitations in the order, we conclude that the issues are controlled by the decision in Escarra v. Winn Dixie Stores, Inc.1, applying to the notice provisions of Section 440.18, Florida Statutes, F.S.A., the general principle that the time limited does not begin to run until a reasonable prudent person should recognize the fact of injury causally related to employment. Claimant in the circumstances of the present case, involving previous chronic back disability, had no reason either by the duration or nature of physical symptoms suffered2 to recognize the fact of current injury until medical attention and hospitalization became necessary ten days following the accident and onset of pain after lifting heavy weight in the course of his work. The claim filed thirty days later was therefore timely.
The order is accordingly quashed and the cause remanded with directions for further proceedings in accordance herewith.
ERVIN, C. J., THORNAL, J., and MASON, Circuit Judge, concur.
ROBERTS, CALDWELL (Retired) and ADAMS (Retired), JJ., dissent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Riddle v. Brevard Cnty. Bd. OF Pub. Instruction, 286 So. 2d 557 (Fla. 1973)…ge of Industrial Claims also held that the petitioner had notified her employer, through her supervisor, of the accident on the date it occurred. He then found that: . . in accordance with the rules set forth in Stoner v. Hialeah Race Course, Fla., 218 So. 2d 448, and numerous other decisions, the Claimant notified her Employer within a reasonable time after she became aware of the nature, seriousness, and probable compensa-ble character of her injuries during her hospitalization in September and October, 19…1 / 2
Authorities Cited
- Escarra v. Winn Dixie Stores, Inc., 131 So. 2d 483 (Fla. 1961)
- Overholser Constr. Co. & the Gen. Accident Grp. v. Porter, 173 So. 2d 697 (Fla. 1964)
- Tomberlin v. City OF Miami & Fla. Indus. Comm'n, 117 So. 2d 735 (Fla. 1960)