Alan Wright Funeral Homes, Inc. v. Simpson
Citation | 93 So.2d 375 |
Parties | ALAN WRIGHT FUNERAL HOMES, Inc., a Florida corporation, and United States Casualty Company, a corporation, Petitioners, v. Alex SIMPSON and The Florida Industrial Commission, Respondents. |
Decision Date | 06 March 1957 |
Court | United States State Supreme Court of Florida |
Smathers, Thompson & Dyer, Miami, for petitioners.
Nichols, Gaither, Green, Frates & Beckham, M. Dudley Burton, Miami, Rodney Durrance and Burnis T. Coleman, Tallahassee, for respondents.
This case requires the application of undisputed concrete facts to the general language of the Workmen's Compensation Act, to determine if the particular injury is compensable as 'arising out of and in the course of employment.' Section 440.09(1), Florida Statutes 1955, F.S.A. The test is the relationship of an event to an employment.
The employee of the funeral parlor was struck by an automobile as he was in the process of crossing a street which separated his office-home from the restaurant where he proposed to eat. The terms of his employment required him to be on 24 hour call, but did not require his presence at the place of business at all times. The deputy commissioner found (Emphasis added) Nevertheless the deputy commissioner held that the injuries sustained in the accident were compensable and his order was affirmed by the full commission. The carrier has petitioned for a writ of certiorari to review the latter order.
We have never held, or intimated, that 24 hour call duty afforded a blanket of coverage to an employee without regard to his activity at the time of injury. See Fidelity & Casualty Co. of New York v. Moore, 1940, 143 Fla. 103, 196 So. 495. In that case we held:
'When the accident which resulted in Moore's death took place, he was on a mission purely personal to himself and wife and had no connection whatever with his employment; it did not flow from nor was it in any way incident to his employment.' 143 Fla. 103, 105, 196 So. 495, 496.
In Hi-Acres, Inc., v. Pierce, Fla.1954, 73 So.2d 49 the court made the statement:
Claimant relies heavily on the following cases to sustain his award: Blount v. State Road Department, Fla.1956, 87 So.2d 507; Sweat v. Allen, 1941, 145 Fla. 733, 200 So. 348; Naranja Rock Co. v. Dawal Farms, Fla.1954, 74 So.2d 282; Bowen v. Keen, 1944, 154 Fla. 161, 17 So.2d 706; and Wilson Cypress Co. v. Miller, 1946, 157 Fla. 459, 26 So.2d 441.
In the Blount case, supra, we allowed compensation to a road department worker who was injured in an automobile accident which occurred when he was driving a road department vehicle home from his office. The pivotal point of the case was that the...
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Victor Wine & Liquor, Inc. v. Beasley, 30872
...injured employee may reasonably be and while he is reasonably fulfilling the duties of his employment and in Alan Wright Funeral Home, Inc. v. Simpson, Fla.1957, 93 So.2d 375 that the test to determine whether an accident arises out of and in the course of the employment is the relationship......
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Eady v. Medical Personnel Pool, 53417
...348 (1941). But an employee who is subject to call or is on call is not considered to be on duty at all times. Alan Wright Funeral Homes, Inc. v. Simpson, 93 So.2d 375 (Fla.1957); Hi-Acres v. Pierce, 73 So.2d 49 Strictly speaking then, there is no on-call exemption because compensation is b......
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Pixley v. Packer Pontiac Co.
...deputy and not on the separate substituted findings of its own.' 2 The full commission relies on the case of Alan Wright Funeral Home, Inc. v. Simpson, Fla.1957, 93 So.2d 375 in support of its order. We cannot agree that the instant case is in conflict with Simpson. On the contrary, it is c......
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Leeds v. City of Miami
...from employment rule in the case at bar. See also Blount v. State Road Department, Fla.1956, 87 So.2d 507, and Alan Wright Funeral Homes Inc., v. Simpson, Fla.1957, 93 So.2d 375. I agree with the contention of petitioner that the cases explained in the Simpson opinion control the case at I ......