Czepial v. Krohne Roofing Co.

CourtUnited States State Supreme Court of Florida
Writing for the CourtROBERTS; TERRELL
Citation93 So.2d 84
PartiesStanley CZEPIAL, Petitioner, v. KROHNE ROOFING COMPANY, and the Florida Industrial Commission, Respondents.
Decision Date06 February 1957

Page 84

93 So.2d 84
Stanley CZEPIAL, Petitioner,
v.
KROHNE ROOFING COMPANY, and the Florida Industrial Commission, Respondents.
Supreme Court of Florida, Special Division A.
Feb. 6, 1957.
Rehearing Denied March 1, 1957.

M. S. Marlin, Miami, for petitioner.

Blackwell, Walker & Gray, Miami, Burnis T. Coleman and Rodney Durrance, Tallahassee, for respondents.

ROBERTS, Justice.

The claimant, a roofer, sought workmen's compensation for a disability diagnosed as pulmonary tuberculosis, far advanced. The Deputy Commissioner found that, although tuberculosis is not a disease peculiar to the roofing trade, 'claimant's continued work and failure to have care and rest, together with his exposure to the inhalation of tar fumes, ordinary

Page 85

dust, marble chip dust, and pea rock dust, a risk incident to claimant's employment to which the ordinary public is not generally exposed, caused the manifestation of claimant's clinical tuberculosis and resultant disability.' His award of compensation was appealed to the Full Commission, which found that there was competent substantial evidence to support the findings of fact of the Deputy Commissioner but that the award was not justified as a matter of law. The Commission reversed the order of the Deputy Commissioner on the ground that the acceleration or aggravation of a pre-existing disease is compensable only when it occurs as the result of an 'accident', as defined in the statute, Sec. 440.02(19), Fla.Stat.1955, F.S.A., and that in the instant case the acceleration or aggravation of claimant's tubercular condition was not 'an unexpected or unusual event or result, happening suddenly.' The claimant has appealed.

The issue here may be stated as follows: Where the constant inhalation of dusts and fumes directly contributes to the acceleration or aggravation of a pre-existing disease, has the claimant suffered an injury 'by accident' for which he must be compensated by the employer in whose employment the injurious exposure occurred? We think the question must be answered in the affirmative.

In Alexander Orr, Jr., Inc., v. Florida Industrial Commission, 1937, 129 Fla. 369, 176 So. 172, 173, in holding that a sunstroke was compensable as an injury by accident, this court adopted the rule stated in Gulf States Steel Co. v. Christison, 228 Ala. 622, 154 So. 565, 569, as follows:

"* * * the harmful condition does arise out of the employment, if, in the performance of the duties for which he was engaged, in...

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25 practice notes
  • Byrd v. Richardson-Greenshields Securities, Inc., RICHARDSON-GREENSHIELDS
    • United States
    • United States State Supreme Court of Florida
    • October 26, 1989
    ...has affected both the terms "accident" and "arising out of." As far back as the case of Czepial v. Krohne Roofing Co., 93 So.2d 84, 85-86 (Fla.1957), for instance, the Court recognized that an injury was compensable under the statute even though caused by the gradual acc......
  • Wolbert, Saxon & Middleton v. Warren, No. AQ-444
    • United States
    • Court of Appeal of Florida (US)
    • January 20, 1984
    ...diseases have never applied the enhanced burden applicable to internal failure cases. See, e.g., Czepial v. Krohne Roofing Company, 93 So.2d 84 (Fla.1957) (aggravation or acceleration of a pre-existing plumonary tuberculosis condition by exposure to tar fumes and dust amounted to an "a......
  • Victor Wine & Liquor, Inc. v. Beasley, No. 30872
    • United States
    • United States State Supreme Court of Florida
    • May 3, 1961
    ...of sunstroke after being subjected to intense heat and using a blow-torch on hot August day); Czepial v. Krohne Roofing Co., Fla.1957, 93 So.2d 84 (constant inhalation of dust and fumes aggravated or accelerated pre-existing tubercular In the so-called 'exposure' cases, this court has stres......
  • Evans v. Florida Indus. Commission, No. 34535
    • United States
    • United States State Supreme Court of Florida
    • February 1, 1967
    ...support the commission's conclusion. Padrick Chevrolet Co. v. Crosby, Fla.1964, 75 So.2d 762 and Czepial v. Krohne Roofing Co., Fla.1957, 93 So.2d 84. However, there are many earlier decisions of this court which hold or contain statements to the effect that a pre-existing diseased conditio......
  • Request a trial to view additional results
25 cases
  • Byrd v. Richardson-Greenshields Securities, Inc., RICHARDSON-GREENSHIELDS
    • United States
    • United States State Supreme Court of Florida
    • October 26, 1989
    ...has affected both the terms "accident" and "arising out of." As far back as the case of Czepial v. Krohne Roofing Co., 93 So.2d 84, 85-86 (Fla.1957), for instance, the Court recognized that an injury was compensable under the statute even though caused by the gradual acc......
  • Wolbert, Saxon & Middleton v. Warren, No. AQ-444
    • United States
    • Court of Appeal of Florida (US)
    • January 20, 1984
    ...diseases have never applied the enhanced burden applicable to internal failure cases. See, e.g., Czepial v. Krohne Roofing Company, 93 So.2d 84 (Fla.1957) (aggravation or acceleration of a pre-existing plumonary tuberculosis condition by exposure to tar fumes and dust amounted to an "a......
  • Victor Wine & Liquor, Inc. v. Beasley, No. 30872
    • United States
    • United States State Supreme Court of Florida
    • May 3, 1961
    ...of sunstroke after being subjected to intense heat and using a blow-torch on hot August day); Czepial v. Krohne Roofing Co., Fla.1957, 93 So.2d 84 (constant inhalation of dust and fumes aggravated or accelerated pre-existing tubercular In the so-called 'exposure' cases, this court has stres......
  • Evans v. Florida Indus. Commission, No. 34535
    • United States
    • United States State Supreme Court of Florida
    • February 1, 1967
    ...support the commission's conclusion. Padrick Chevrolet Co. v. Crosby, Fla.1964, 75 So.2d 762 and Czepial v. Krohne Roofing Co., Fla.1957, 93 So.2d 84. However, there are many earlier decisions of this court which hold or contain statements to the effect that a pre-existing diseased conditio......
  • Request a trial to view additional results

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