Ferguson v. Elna Elec., Inc., 82-132
| Decision Date | 16 November 1982 |
| Docket Number | No. 82-132,82-132 |
| Citation | 421 So.2d 805 |
| Parties | Michael FERGUSON, Appellant, v. ELNA ELECTRIC, INC., Appellee. |
| Court | Florida District Court of Appeals |
Horton, Perse & Ginsberg, William Huggett and Arnold Ginsberg, Miami, for appellant.
Pyszka & Kessler and William G. Edwards, Miami, for appellee.
Before SCHWARTZ, DANIEL S. PEARSON and FERGUSON, JJ.
We affirm the summary judgment solely for the reason that appellant, having demanded and been paid worker's compensation benefits, was estopped to deny that he was injured while in the course and scope of his employment. Matthews v. G.S.P. Corporation, 354 So.2d 1243 (Fla. 1st DCA 1978). We specifically do not decide, because it is unnecessary, whether appellee was in fact engaged in a special errand for his employer when he was injured.
Affirmed.
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Martin Electronics, Inc. v. Jones, 1D03-4091.
...Co., Inc., 645 So.2d 133, 135 (Fla. 4th DCA 1994); Ferraro v. Marr, 490 So.2d 188, 189 (Fla. 2d DCA 1986); Ferguson v. Elna Elec., Inc., 421 So.2d 805, 806 (Fla. 3d DCA 1982). Our own holding in Matthews v. G.S.P. Corp., 354 So.2d 1243 (Fla. 1st DCA 1978), although antedating Turner, reflec......
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Michael v. Centex-Rooney Const. Co., Inc., CENTEX-ROONEY
...similar to the conclusion reached in a very short opinion by the third district based on an estoppel theory. See Ferguson v. Elna Elec., Inc., 421 So.2d 805 (Fla. 3d DCA 1982). The Ferguson court stated: "We affirm the summary judgment solely for the reason that appellant, having demanded a......
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Byerley v. Citrus Pub., Inc., 97-1103.
...employer in tort because the statute is the exclusive remedy for the employee if the injuries are job related. Ferguson v. Elna Electric, Inc., 421 So.2d 805 (Fla. 3d DCA 1982). We think it would be inequitable for an employer to deny worker's compensation coverage on the ground that the em......
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Ferraro v. Marr, 84-980
...a suit against his employer to deny that his injuries occurred while in the course and scope of his employment. Ferguson v. Elna Electric, Inc., 421 So.2d 805 (Fla. 3d DCA 1982). There is a split decision which was rendered after this appeal was filed which lends support to the plaintiff's ......