Charles A. Stewart Co. v. Dobson
| Court | Florida Supreme Court |
| Citation | 15 So.2d 481,153 Fla. 693 |
| Decision Date | 16 November 1943 |
| Parties | CHARLES A. STEWART CO. et al. v. DOBSON et al. |
15 So.2d 481
153 Fla. 693
CHARLES A. STEWART CO. et al.
v.
DOBSON et al.
Florida Supreme Court
November 16, 1943
Appeal from Circuit Court, Polk County; D. O. Rogers, Judge.
Carver & Langston, of Lakeland, for appellants.
Oxford & Oxford, of Lakeland, for appellees.
ADAMS Justice.
This appear brings for review a judgment of the circuit court which approved an award of compensation to appellee by the Industrial Commission.
The circuit court found, as did the Industrial Commission, that appellee sustained an accident on November 19, 1941, while attempting to lift and load a field box of citrus fruit [153 Fla. 694] on a moving truck. The claim was contested chiefly because there was no accident on November 19, 1941, and also because the disability was directly attributable to claimant's falling from an orange tree while picking fruit for appellant in April 1938. The circuit judge found from competent and satisfactory testimony that claimant sustained an accident while in the course of his employment on November 19, 1941, which resulted in his total and permanent disability; that which claimant had on two previous occasions sustained injuries while in appellant's employment, but the injuries were of such minor nature claimant was able to continuously engage in hard manual labor until the injury on November 19, 1941.
The medical testimony to sustain the judgment is summarized in the quotation appearing in the well prepared opinion of the circuit judge which is as follows:
'Conclusion: I can not help but believe that the force, of picking up a field box of citrus fruit on November 19, 1941, caused the fracture in question, and his present condition can be attributed to this injury. Now it is possible that an old injury of the eighth dorsal vertebrae has persisted since 1938 and the 1941 injury is an aggravation of this condition but we must remember that at no time, from his injury in 1938, to November 19, 1941, do we have a history of the back giving sufficient trouble to make this man stop work.'
Our conclusion is that the judgment is free of error and the same is affirmed.
BUFORD,...
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Gray v. Employers Mut. Liability Ins. Co.
...the weight of the meat pulled him suddenly forward, and he felt something snap in his lower back. And in Charles A. Stewart Co. v. Dodson, 153 Fla. 693, 15 So.2d 481, the claimant Page 652 suffered a back injury when attempting to pick up and load a field box of citrus fruit on a moving tru......
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Luttrell v. Roger Holler Chevrolet, No. 92-786
...of the subsequent injury, the later E/C will be solely responsible for compensation benefits. See Charles A. Stewart Co. v. Dobson, 153 Fla. 693, 15 So.2d 481 The Evans rule has also been applied within the context of division of liability between multiple insurers on the risk at the time o......
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Scott v. Kerr, No. 32684
...of an industrially related 'accident.' Gray v. Employers Mutual Liability Insurance Co., Fla., 64 So.2d 650; Stewart Co. v. Dobson, 153 Fla. 693, 15 So.2d 481; Crawford v. Benrus Market, Fla., 40 So.2d 889. The record having established the occurrence of an industrial accident, the question......
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Howard v. Department of Public Safety, No. 34114
...of attempting to lift a heavy five gallon can of waffle batter from the bottom of the refrigerator. In Charles A. Stewart Co. v. Dobson, 153 Fla. 693, 15 So.2d 481 the petitioner suffered a back injury when attempting to pick up a field box of citrus fruit and load it on a moving truck. The......
-
Gray v. Employers Mut. Liability Ins. Co.
...the weight of the meat pulled him suddenly forward, and he felt something snap in his lower back. And in Charles A. Stewart Co. v. Dodson, 153 Fla. 693, 15 So.2d 481, the claimant Page 652 suffered a back injury when attempting to pick up and load a field box of citrus fruit on a moving tru......
-
Luttrell v. Roger Holler Chevrolet, No. 92-786
...of the subsequent injury, the later E/C will be solely responsible for compensation benefits. See Charles A. Stewart Co. v. Dobson, 153 Fla. 693, 15 So.2d 481 The Evans rule has also been applied within the context of division of liability between multiple insurers on the risk at the time o......
-
Scott v. Kerr, No. 32684
...of an industrially related 'accident.' Gray v. Employers Mutual Liability Insurance Co., Fla., 64 So.2d 650; Stewart Co. v. Dobson, 153 Fla. 693, 15 So.2d 481; Crawford v. Benrus Market, Fla., 40 So.2d 889. The record having established the occurrence of an industrial accident, the question......
-
Howard v. Department of Public Safety, No. 34114
...of attempting to lift a heavy five gallon can of waffle batter from the bottom of the refrigerator. In Charles A. Stewart Co. v. Dobson, 153 Fla. 693, 15 So.2d 481 the petitioner suffered a back injury when attempting to pick up a field box of citrus fruit and load it on a moving truck. The......