Davis v. Sun Banks of Orlando, AF-201
Decision Date | 19 April 1982 |
Docket Number | No. AF-201,AF-201 |
Citation | 412 So.2d 937 |
Parties | Opal DAVIS, Appellant, v. SUN BANKS OF ORLANDO and Hartford Insurance Company, Appellees. |
Court | Florida District Court of Appeals |
James M. Magee of Neduchal & Magee, Orlando, for appellant.
Robert C. Cooper of Cooper & Rissman, Orlando, for appellees.
The claimant appeals from a workers' compensation order denying her claim for an emotional injury. We affirm.
Emotional injuries due to fright or excitement unassociated with physical injury are excluded from the Workers' Compensation Act. Section 440.02(18), Florida Statutes (1981). Injuries of this nature are the proper subject of a civil action. Williams v. Hillsborough County School Board, 389 So.2d 1218 (Fla. 1st DCA 1980).
Where a civil action is dismissed with prejudice because the exclusive remedy is under the Act and the deputy subsequently denies the claim because it is excluded from coverage by the Act, the deputy does not have authority to establish a remedy by applying equitable principles.
For the information and benefit of the attorneys and their clients, I shall not render a per curiam affirmed opinion hereafter.
First, I shall sign all opinions in cases assigned to me for primary responsibility.
Second, I shall write a short opinion in each case assigned to me and shall tersely give the reason for affirming each issue raised by the appellant or cross appellant.
I hope that this action by me will answer the frequent complaints about per curiam affirmed decisions. The attorneys and their clients will generally know why their cases are affirmed. The possible remedies from adverse decisions will be preserved for consideration by the Supreme Court.
To continue reading
Request your trial-
Byrd v. Richardson-Greenshields Securities, Inc.
...since the statute by its own terms excludes such matters. E.g., Superior Mill Work v. Gabel, 89 So.2d 794 (Fla.1956); Davis v. Sun Banks, 412 So.2d 937, 937 (Fla. 1st DCA), review denied, 419 So.2d 1196 (Fla.1982); Williams v. Hillsborough County School Bd., 389 So.2d 1218, 1219 (Fla. 1st D......
-
Brown v. Winn-Dixie Montgomery, Inc.
...her tort remedies. Cf. Williams v. Hillsborough County School Board, 389 So.2d 1218, 1219 (Fla. 1st DCA 1980); Davis v. Sun Banks of Orlando, 412 So.2d 937 (Fla. 1st DCA 1982). This view is endorsed by Professor Larson, who states that "[w]hen no compensation remedy is available, these tort......
-
Polk Nursery Co., Inc. v. Riley
...the Workers' Compensation Law. Williams v. Hillsborough County School Board, 389 So.2d 1218 (Fla. 1st DCA 1980); Davis v. Sun Banks of Orlando, 412 So.2d 937 (Fla. 1st DCA 1982). The deputy's order is reversed and the cause remanded with directions to dismiss the WIGGINTON and NIMMONS, JJ.,......
-
Beatty v. Custom Audio Distributors, Inc., 93-158
...Bass, 107 So.2d 281 (Fla. 1st DCA 1958); Rogers v. Concrete Sciences, Inc., 394 So.2d 212 (Fla. 1st DCA 1981); Davis v. Sun Banks of Orlando, 412 So.2d 937 (Fla. 1st DCA 1982); Bingham v. Florida Chip Steak House, 496 So.2d 950 (Fla. 1st DCA SMITH, JOANOS and DAVIS, JJ., concur. ...