SMITH-ERNST, INC., AND AETNA CASUALTY AND SURETY COMPANY, PETITIONERS,
v.
WILLIAM C. ODOM AND THE INDUSTRIAL RELATIONS COMMISSION OF THE DEPARTMENT OF COMMERCE, STATE OF FLORIDA, RESPONDENTS
PER CURIAM.
We have for review on writ of certiorari a decision of the Industrial Relations Commission which affirmed an Order of the Judge of Industrial Claims awarding the claimant attorney’s fees for additional benefits being paid by the employer/carrier. Having heard oral argument, we find the Industrial Relations Commission properly affirmed the Judge of Industrial Claims under the particular circumstances of this case on the authority of Ford v. Cunningham-Limp Co., 203 So. 2d 326 (Fla.1967), and Boyd v. Southeastern Utilities Service Co., 172 So. 2d 817 (Fla.1965). We find no departure from the essential requirements of law.
... According, the writ of certiorari is discharged.
It is so ordered.
CARLTON, C. J., and ROBERTS, ERVIN, ADKINS, BOYD and McCAIN, JJ., concur. DEKLE, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Leon Cnty. Sch. Bd. v. Grimes, 548 So. 2d 205 (Fla. 1989)…e bending to pick up toilet tissue while at work, finding it did not arise out of employment where she suffered from an idiopathic condition that manifested itself for the first time during the course of her employment. In Honeywell, Inc. v. Scully, 289 So. 2d 393 (Fla.1974), we denied an employee benefits for injuries resulting from a fall caused by a fainting spell because the hazards of employment did not aggravate the injuries. In Southern Convalescent Home v. Wilson, 285 So. 2d 404 (Fla.1973), we denied…
-
Zundell v. Dade Cnty. Sch. Bd. & Gallagher Bassett Servs., Inc., 609 So. 2d 1367 (Fla. 1st DCA 1992)…e fall was caused by a worker’s personal condition, there be evidence of an increased hazard. Foxworth v. Florida Indus. Comm’n, 86 So. 2d 147 (Fla.1955). See also Leon County Sch. Bd. v. Grimes, 548 So. 2d 205 (Fla.1989); Honeywell, Inc. v. Scully, 289 So. 2d 393 (Fla.1974); Southern Convalescent Home v. Wilson, 285 So. 2d 404 (Fla.1973). . Mosca did not, however, as does the majority here, extend the Victor Wine rule to a case in which no evidence was presented that the employee suffered from a prior weakn…
-
Grimes v. Leon Cnty. Sch. Bd. & Royal Indem. Co., 518 So. 2d 327 (Fla. 1st DCA 1987)…82) (claimant, injured by a fall on a linoleum-covered concrete floor, permitted recovery, despite the claimant’s preexisting condition of scoliosis, because of the employer’s requirement that she perform additional work); Honeywell, Inc. v. Scully, 289 So. 2d 393 (Fla.1974) (injuries resulting from a fall, caused in turn by a fainting spell, held to be noncompensable because the hazard of employment did not aggravate the injuries); Southern Convalescent Home v. Wilson, 285 So. 2d 404 (Fla.1973) (injuries suf…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ford v. Cunningham-Limp Co., 203 So. 2d 326 (Fla. 1967)
- Boyd v. Se. Utils. Serv. Co., 172 So. 2d 817 (Fla. 1965)