Brooks-Scanlon, Inc. v. Lee, BROOKS-SCANLO
Citation | 44 So.2d 650 |
Decision Date | 21 February 1950 |
Docket Number | BROOKS-SCANLO,I |
Parties | nc. et al. v. LEE et al. |
Court | United States State Supreme Court of Florida |
Keen, O'Kelley & Spitz and A. Frank O'Kelley, Tallahassee, for appellants.
T. T. Turnbull and William A. O'Bryan, Tallahassee, for appellees.
The only question here is whether appellee's deceased husband sustained an injury by 'accident' within the meaning of our Workmen's Compensation Act.
All inferior tribunals found in the affirmative although the circuit court plainly indicated that the injury preceded any possible accident, if there was any accident. In City of Tallahassee v. Roberts, 155 Fla. 815, 21 So.2d 712, and cases cited thre, we construed the statute (Sec. 440.01 et seq., Fla.Stat.1941, F.S.A.) to the effect that to authorize an award there must be an accident preceding the injury. In other words, the injury itself cannot suffice for, or constitute, the accident.
TERRELL, J., not participating.
To continue reading
Request your trial-
Lewter v. Abercrombie Enterprises
...v. Phelps Dodge Corp., 42 Ariz. 436, 26 P.2d 1017; Cleary Brothers Const. Co. v. Nobles, 156 Fla. 408, 23 So.2d 525; Brooks-Scanlon, Inc., v. Lee, Fla., 44 So.2d 650; O'Neil v. W. R. Spencer Grocer Co., 316 Mich. 320, 25 N.W.2d 213; Stanton v. Minneapolis Street Ry. Co., 195 Minn. 457, 263 ......
-
Zundell v. Dade County School Bd., 91-1848
...hitherto-established rule that a worker's collapse may itself be considered an unexpected result or event. See also Brooks-Scanlon, Inc. v. Lee, 44 So.2d 650 (Fla.1950) (cerebral hemorrhage while claimant lifted boards at a sawmill); Peterson v. City Comm'n, 44 So.2d 423 (Fla.1950) (claiman......
-
Gray v. Employers Mut. Liability Ins. Co.
...appellant's claim was not compensable, since 'the injury itself cannot suffice for, or constitute, the accident', citing Brooks-Scanlon, Inc., v. Lee, Fla., 44 So.2d 650, and Le Viness v. Mauer, Fla., 53 So.2d 113. The order of the Deputy Commissioner was affirmed by the Full Commission and......
-
Victor Wine & Liquor, Inc. v. Beasley, 30872
...slip, mis-step or fall, resulting in injury--or, as we sometimes said, 'The injury cannot suffice for the accident.' See Brooks-Scanlon v. Lee, Fla.1950, 44 So.2d 650 (cerebral hemorrhage while lifting boards at a sawmill); Peterson v. City Commission, Fla.1950, 44 So.2d 423 (left knee 'sna......