Hecht v. Parkinson
| Decision Date | 19 February 1954 |
| Citation | 70 So.2d 505 |
| Parties | HECHT et al. v. PARKINSON. |
| Court | Florida Supreme Court |
Boyce F. Ezell, Jr., Miami, for appellants.
Dixon, DeJarnette & Bradford, Miami, for appellee.
Charles William Hecht suffered an injury by accident arising out of and in the course of his employment. Within one year after the occurrence of the accident he died as the result of the injury. Subsequent to the date of the accident, but prior to his death, section 440.16, Florida Statutes 1951, was amended so as to enlarge the benefits accruing to the widow in case of the death of an injured claimant, F.S.A. § 440.16.
The real question on the appeal is whether the rights of dependents to workmen's compensation benefits are to be determined by the law in effect at the time of an employee's injury or at the time of his death.
It is held in this jurisdiction that the acceptance of the application of workmen's compensation statutes by the employer, employee and insurance carrier constitutes a contract between the parties embracing the provisions of the statutes as they exist at the time of any injury compensable under the terms of the statutes. Fink v. Fink, Fla., 65 So.2d 770; Fidelity & Casualty Co. of New York v. Bedingfield, Fla., 60 So.2d 489; Chamberlain v. Florida Power Corporation, 144 Fla. 719, 198 So. 486; Hardware Mutual Casualty Company v. Carlton, 151 Fla. 238, 9 So.2d 359; Stansell v. Marlin, 153 Fla. 421, 14 So.2d 892; Florida Forest and Park Service v. Strickland, 154 Fla. 472, 18 So.2d 251; and Phillips v. City of West Palm Beach, Fla., 70 So.2d 345.
Inasmuch as the amendment to the statute involved in this controversy is one of substance rather than one of procedure, we have the view that the above principle is controlling, and that the widow's claim, under section 440.16, Florida Statutes 1951, F.S.A., is payable in accordance with the schedule effective at the time the employee sustained his injury, even though the amendment increasing such benefits became effective before the employee died.
Other questions raised by the appellants have been considered and are found to be without merit.
The judgment appealed from should be affirmed.
It is so ordered.
To continue reading
Request your trial
-
Nevada Indus. Commission v. Reese, 7901
...and remedies as might be accorded them under the common law with its constitutional and statutory modifications. See Hecht v. Parkinson, 70 So.2d 505 (Fla.1954); McNeese Construction Company v. Harris, 273 S.W.2d 355 (Ky.1954); Fougnie v. Wilbert & Schreeb Coal Co., 130 Kan. 410, 286 P. 396......
-
McAllister v. Board of Ed., Town of Kearny
...Preveslin v. Derby & Ansonia Developing Co., 112 Conn. 129, 151 A. 518, 70 A.L.R. 1426 (Sup.Ct.Err.1930); Hecht v. Parkinson, 70 So.2d 505 (Fla.Sup.Ct.1954); Collier v. Hope Coal Co., 269 S.W.2d 278 Kearny naturally relies upon Ermola and the cases therein cited. The basis of the holding in......
-
Cline v. Mayor and City Council of Baltimore
...force at the time the injury was sustained. Cases reaching this result are Quilty v. Connecticut, 96 Conn. 124, 113 A. 149; Hecht v. Parkinson, 70 So.2d 505 (Fla.); Maxwell v. State Compensation Director, 150 W.Va. 123, 144 S.E.2d 493. See also Schneider's Workmen's Compensation Text, Vol. ......
-
Sullivan v. Mayo
...Fla.1952, 60 So.2d 489; Fink v. Kink, Fla.1953, 64 So.2d 770; Phillips v. City of West Palm Beach, Fla.1954, 70 So.2d 345; Hecht v. Parkinson, Fla.1954, 70 So.2d 505. Applying the rule of the cited cases to the situation before us we are compelled to hold that the deputy commissioner at the......