STONE-BRADY, INC., EMPLOYER, NEW AMSTERDAM CASUALTY COMPANY, INSURER, AND FLORIDA INDUSTRIAL COMMISSION,
v.
MRS. BEULAH HEIM, EMPLOYEE
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Mrs. Beulah Heim, a waitress, suffered a serious neck and spinal injury when her employer's night manager, Victor Cassimus, attempted to manipulate her neck to remove a "crick." The Florida Supreme Court affirmed the Industrial Commission's decision that the injury arose out of and in the course of her employment, making it compensable under workers' compensation law despite the manager's unauthorized actions.
The injury arose out of and in the course of Mrs. Heim's employment and is therefore compensable under workers' compensation law. The case is controlled by Fidelity & Casualty Co. v. Moore and Sweat v. Allen, not by Travellers Ins. Co. v. Taylor as the employer contended.
“the claimant received her injuries which arose out of and in the course of her employment and the case is ruled by Fidelity & Casualty Co. v. Moore, 143 Fla. 103, 196 So. 495, and Sweat v. Allen, 145 Fla. 733, 200 So. 348”
The court's holding that the injury is compensable under workers' compensation law, establishing the controlling precedent.
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Join FLexlaw to unlock all legal intelligenceMrs. Heim worked as a waitress at a Stone-Brady, Inc. restaurant in Miami. On October 22, 1940, she reported for duty complaining of a "crick" in her …
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The record in this case discloses that for several days prior to October 22, 1940, Mrs. Beulah Heim was employed as a waitress in a restaurant owned and operated by Stone-Brady, Inc., in the City of Miami. Victor M. Cassimus was employed as night manager of the restaurant. The claimant reported for duty around 7:00 o’clock A. M., and complained of a “crick” in her neck, when the night manager undertook to manipulate claimant’s neck by snapping it and jerking her head in an effort to snap the “crik” out of her neck and in so doing seriously injured the claimant’s neck and spinal column and thereby disabling her for an indefinite period.
It is shown that Cassimus owned no interest in the business and was employed as night manager, with directions to look after the money, make coffee, etc. He was without authority to employ or discharge waitresses. He volunteered his services in the effort to remove the “crick” from the neck of the claimant. There is evidence tending to show that the claimant could better discharge her duties as a waitress if the “crick” was removed from her neck.
Appellant contends that the claimant’s injury did not arise out of the course of her employment, but resulted from the unauthorized acts of a volunteer for which the employer should not be legally bound; and that the case is ruled by Travellers Ins. Co. v. Taylor, 147, Fla. 210, 3 So. (2nd) 381. Likewise the ruling of the Florida Industrial Commission holding in effect that the employer could not be held liable for the unauthorized acts of his employee, and for this reason the claimant could not recover.
The findings as made by the Florida Industrial Commission shall be given about the same weight and consideration which a chancellor gives to the findings of fact and law as *712made by a special master. See Forehand v. Manley, 147 Fla. 287, 2 So. (2nd) 864. The burden of proof under the law rested upon the claimant. The employment and amount of compensation is practically admitted. The controverted point arising from all the testimony is whether the accident and claimant’s admitted injury are such that arise out of and in the course of her employment.
We have given careful consideration to the evidence appearing in the record, and the briefs, coupléd with oral argument of counsel heard at the bar of this Court, and we conclude that the claimant received her injuries which arose out of and in the course of her employment and the case is ruled by Fidelity & Casualty Co. v. Moore, 143 Fla. 103, 196 So. 495, and Sweat v. Allen, 145 Fla. 733, 200 So. 348. We fail to find error in the record.
Affirmed.
BUFORD, C. J., TERRELL and ADAMS, JJ., concur.
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Citator
Cited By
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Duval Eng'g & Contracting Co. v. MRS. Elizabeth Johnson, 154 Fla. 9 (Fla. 1944)…Moore and Sweat v. Allen, supra. See Sears, Roebuck & Co. v. Pixler, 140 Fla. 677, 192 So. 617; Cone Bros. Construction Co. v. Massey, 145 Fla. 56, 198 So. 802; Sims Tire Service, Inc., v. Parker, 146 Fla. 23, 200 So. 524; Stone-Brady, Inc. v. Heim, 152 Fla. 710, 12 So. (2nd) 888; Briggs v. Tripure Products Co., 152 Fla. 749, 13 So. (2nd) 152. A perfected appeal from the Industrial Commission to the circuit court under the statute confers jurisdiction for the first time in the judicial department of the Sta…
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Heller Bros. Packing Co. v. Lewis, 155 Fla. 430 (Fla. 1945)…previously held that the findings of fact by the Industrial Commission in compensation cases should be given the same weight and consideration which a chancellor gives to findings of fact and law of a special master. See Stone-Brady, Inc., v. Heim, 152 Fla. 710, 12 So. (2nd) 888. Likewise when an appeal is taken from an order of the circuit court in a compensation proceeding, this Court will give the circuit court’s findings of fact the same degree of consideration which it gives to findings of a chancello…
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Briggs v. Tripure Prods. Co., 152 Fla. 749 (Fla. 1943)…contention that he received accidental injuries when rendering services for his employer and the alleged injuries arose out of and within the course of his employment within the rule of statutory construction enumerated in Stone-Brady, Inc. v. Heim, 152 Fla. 710, 12 So. (2nd) 888, not yet reported; [*750] Sweat v. Allen, 145 Fla. 733, 200 So. 348; Fidelity & Casualty Co. v. Moore, 143 Fla. 103, 196 So. 495. Subsection 19 of Section 440.02, Fla. Stats. 1941, defines accidents, viz: “(19) ‘Accident’ shall m…
Authorities Cited
- The Fid. & Cas. Co. of N.Y. & Lee Motors of Fort Myers, Inc. v. Mrs. Charles S. Moore, Jr., 143 Fla. 103 (Fla. 1940)
- Sweat v. Allen, 145 Fla. 733 (Fla. 1941)
- The Travelers Ins. Co. v. Taylor, 147 Fla. 210 (Fla. 1941)
- Mrs. Walter Forehand and David Arthur Forehand v. Manly, 147 Fla. 287 (Fla. 1941)