Canada Dry Bottling Co. of Florida v. White
| Decision Date | 21 May 1943 |
| Citation | 153 Fla. 70,13 So.2d 595 |
| Parties | CANADA DRY BOTTLING CO. OF FLORIDA, Inc., et al. v. WHITE et al. |
| Court | Florida Supreme Court |
Appeal from Circuit Court, Dade County; Paul D. Barns Arthur Gomez and George E. Holt, Judges.
McKay Dixon & DeJarnette and A. Lee Bradford, all of Miami, for appellants.
Morehead & Pallot, of Miami, for appellees.
On July 13, 1938 S. H. White was injured in an accident while in the employment of Canada Dry Bottling Company of America, Inc. No time was lost from his work and no compensation was paid him but medical benefits were furnished him to December, 1938. A claim for compensation and further medical benefits was filed in September, 1941. The Deputy Commissioner found that the claimant was entitled to compensation for his disability and to further medical treatment. The full Commission approved this award which was on appeal affirmed by the Circuit Court and defendants appealed.
Two questions are presented: (1) Was the claim for compensation filed within the time provided by the Workmen's Compensation Act F.S.A. § 440.01 et seq.? (2) Was the claim for additional medical treatment filed within a reasonable time?
Section 19(a) of the Workmen's Compensation Act, F.S.A. § 440.19(1), among other things provides that the 'right to compensation for disability under this Act shall be barred unless a claim therefor is filed within one year after the time of injury'. Section 25(a) of the same act, F.S.A. § 440.25(1), likewise provides that 'a claim * * * may be filed * * * at any time after the first seven days of disability following an injury'.
It is admitted that the claimant was injured in line of his employment on July 13, 1938, that no time was lost from his employment, that medical benefits were paid him to December, 1938, and that the claim for compensation and further medical benefits was not filed until September, 1941, more than three years after the injury. There is evidence which shows that his injury grew progressively worse and that claimant was discharged because of inability to perform his work on account of the injury.
The claimant contends that since there is a conflict in the provisions of the Workmen's Compensation Act quoted in the forepart of this opinion, such conflict should be resolved in favor of the claimant and his claim allowed. The Industrial Commission and the Circuit Court appear to have been impressed with this view. It may find support in morals and sympathy but we find nothing in law to support it.
Section 25(a) of the Workmen's Compensation Act is 'subject' to the provisions of Section 19(a) and when the two provisions are read together we cannot escape the conclusion that all claims for compensation must be filed within one year after the time of the injury. The permission in Section 25(a) to file a claim 'at any time after the first seven days of disability following any injury' must be contemplated by rule of the Commission within the year after...
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Gordon v. City of Belle Glade, 2286
...confusion and uncertainty as to when claims covered by it are barred.' In a workmen's compensation case, Canada Dry Bottling Co. of Florida v. White, 153 Fla. 70, 13 So.2d 595, the Florida Supreme Court held that a right to compensation was barred since a claim was not filed within one year......
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...the injury, even though the extent of his disability was not finally determined until November of 1953. Canada Dry Bottling Co. of Florida, Inc. v. White, 1943, 153 Fla. 70, 13 So.2d 595. The responsible insurance carrier paid for his medical treatments, and reported these payments to the F......
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