Drew v. Wellman-Lord Engineering, Inc.
| Decision Date | 01 July 1964 |
| Docket Number | No. 33363,WELLMAN-LORD,33363 |
| Parties | Henry O. DREW, Petitioner, v.ENGINEERING, INC., Michigan Mutual Liability Co., and Florida Industrial Commission, Respondents. |
| Court | Florida Supreme Court |
T. Terrell Sessums, of Albritton, Sessums & Gordon, Tampa, for petitioner.
E. O. Palermo of Shackleford, Farrior, Stallings, Glos & Evans, Tampa, for Wellman-Lord Engineering, Inc., and Michigan Mutual Liability Co.
Patrick H. Mears, Tallahassee, and J. Franklin Garner, Lakeland, for Florida Industrial Commission.
We here consider a petition for certiorari of claimant, Henry O. Drew, to review the full commission's order affirming an order of the deputy commissioner dismissing a claim for workman's compensation. The claim was for two injuries arising from two separate accidents.
Briefly stated, the facts are: Claimant was 62 years old at the time of his injuries. He had been working as a pipefitter since 1917. On June 12, 1961, he was assisting fellow employees carry a 42-foot length of welded pipe weighing approximately 400 to 800 pounds over rough, uneven ground. As a result of this lifting and carrying he claimed he injured his neck and shoulders. That evening he went to a doctor for examination and treatment.
Two days later, on June 14, 1961, claimant suffered an injury to his low back during the course of his employment while pulling a plank up on a scaffold. A laminectomy was performed in July 1961 and for this injury claimant was compensated for temporary total disability from June 15, 1961, until September 25, 1961, the day before he attempted to return to light work. Between September 26, 1961, and January 6, 1962, claimant tried to perform light work on occasions but had to terminate his employment because of constant pain.
On January 12, 1962, claimant was discharged by Dr. Albert Wilson, the treating physician, with a 25% permanent partial disability of the body as a whole due to the low back injury. At this time claimant complained to Dr. Wilson of pain and tingling in his neck, left arm, hand and fingers. The doctor thought these to be symptoms of heart trouble and he referred claimant to another doctor for consultation. On February 7, 1962, claimant was hospitalized a third time for further examination and consultation for his cervical complaints. Diagnosis revealed a true nerve root pain and protrusion of an intervertebral disc in the cervical vertebrae.
On February 12, 1962 claimant was discharged from the hospital and the respondents declined to furnish him with further medical treatment.
The deputy found that claimant's lumbar spine injury of June 14, 1961, required no forther medical treatment and there was '* * * no showing of any greater disability than that permanent partial disability which the carrier has accepted and paid for * * *' This finding is erroneous. The record does not disclose...
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Collier v. Ranch House Restaurants, Inc., QQ-139
...Hester v. Westchester General Hospital, 260 So.2d 505 (Fla.1972), involved notice to a nursing supervisor. And in Drew v. Wellman-Lord Engineering Co., 166 So.2d 136 (Fla.1964), claimant told his general foreman he had suffered an accident, and the next day he repeated this information to h......
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Hester v. Westchester General Hospital, 40882
...While we can find no Florida cases holding that notice to a 'supervisor' is adequate notice, this Court in Drew v. Wellman-Lord Engineering, Inc., 166 So.2d 136 (Fla.1964), recognized that notice to one's foreman is sufficient to comply with the notice of injury requirements of Fla.Stat. § ......