JOSE RAMON MARTIN, PETITIONER,
v.
KIRBY KNITTING MILLS OF MIAMI, INC., THE EMPLOYER, THE TRAVELERS INSURANCE COMPANY, WORKMEN'S COMPENSATION CARRIER FOR THE EMPLOYER AND THE INDUSTRIAL RELATIONS COMMISSION, AN ADMINISTRATIVE AGENCY, RESPONDENTS
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Florida Supreme Court reversed the Industrial Relations Commission and reinstated the Judge of Industrial Claims' award of workers' compensation for a heart attack caused by unusual strain and exertion not routine to the claimant's employment as a sweater presser.
A heart attack resulting from unusual strain and exertion not routine to the claimant's primary employment is compensable under workers' compensation law.
[1] A heart attack caused by unusual strain and exertion not routine to an employee's primary employment is compensable under workers' compensation law when supported by comp…
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Join FLexlaw to unlock all legal intelligence“there is competent substantial evidence to sustain the finding and conclusion of the judge that the activities engaged in by claimant were unusual to his employment”
The Court agreed with the dissenting member of the Industrial Relations Commission regarding the sufficiency of evidence supporting the judge's finding.
Jose Ramon Martin, a sweater presser, suffered a heart attack that the Judge of Industrial Claims found resulted from unusual strain and exertion not …
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By petition for writ of certiorari we are asked to review an order of the Florida Industrial Relations Commission which by a 2-1 vote reversed the order of the Judge of Industrial Claims holding claimant’s heart attack compensable. The Judge’s decision was based upon testimony indicating the attack was the result of unusual strain and exertion not routine to claimant’s primary employment as a sweater presser. Such finding is essential for recovery under this Court’s holding in Victor Wine & Liquor, Inc. v. Beasley, Fla.1962, 141 So.2d 581.
We agree with the dissenting member of the Industrial Relations Commission that “there is competent substantial evidence to sustain the finding and conclusion of the judge that the activities engaged in by claimant were unusual to his employment.” Where the findings of the deputy commissioner are based upon competent substantial evidence comporting with logic and reason, he should not be reversed by the Full Commission. (U. S. Casualty Co. v. Maryland Casualty Co., Fla.1951, 55 So.2d 741.)
Accordingly, the ruling of the Industrial Relations Commission reversing the order of the Judge of Industrial Claims is quashed with directions to reinstate the judge’s order.
It is so ordered.
ERVIN, Acting C. J., and CARLTON, ADKINS, BOYD and McCAIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- US Cas. Co. v. Md. Cas. Co., 55 So.2d 741 (Fla. 1951)
- Victor Wine & Liquor, Inc. v. Beasley, 141 So. 2d 581 (Fla. 1961)