Honeywell, Inc. v. Scully
| Decision Date | 23 January 1974 |
| Docket Number | No. 43631,43631 |
| Citation | 289 So.2d 393 |
| Parties | HONEYWELL, INC., and New York Underwriters Insurance Co., Petitioners, v. Beulah SCULLY and Industrial Relations Commission of the Florida Department of Commerce, Respondents. |
| Court | Florida Supreme Court |
Leslie D. Franklin, and Ulmer & Woodworth, St. Petersburg, for petitioners.
Charles W. Ehrlich of the Law Offices of John A. Lloyd, Jr., P. A., St. Petersburg, for respondents and cross-petitioner.
This cause comes before us on petition and cross-petition for writ of certiorari to the Industrial Relations Commission. Claimant sustained injures to various portions of her body in a fall occurring at her place of employment, and filed a compensation claim for the effects of such fall. It is her position that the fall resulted from her tripping over an electrical cord while in the course of her employment duties, while the employer takes the position that she suffered a fainting spell rather than tripping. Whatever the cause of the fall, claimant sustained these injuries when she fell to a level floor surface consisting of concrete covered with tile.
After taking extensive testimony and reviewing the depositions and reports in the record, the Judge of Industrial Claims made a factual finding that claimant had not tripped over the electrical cord, but had collapsed from a cause purely personal to herself. He expressly found that the injuries did not occur from any work related condition and that the injury was not aggravated in any manner by any hazard of employment. Accordingly, the claim was denied totally. The Industrial Relations Commission affirmed the order of the Judge of Industrial Claims to the extent that it found that claimant had fainted rather than tripped, but reversed for a lack of factual findings as to whether the injury sustained arose out of the claimant's employment and was compensable.
The employer's petition for certiorari raises the issue of whether the Full Commission erred in partially reversing the Judge of Industrial Claims' order for a determination of fact as to whether the injury was aggravated in any manner by any hazard of employment. From a review of the Industrial Relations Commission's order, it appears that the Commission was concerned with the question of whether the floor to which claimant fell might have been so hard as to constitute a hazard of employment which aggravated the injury she sustained in an idiopathic fall. Although it is true that an exceedingly hard floor may constitute a hazard of employment where it aggravates injuries otherwise suffered, 1 it appears that the Judge of Industrial Claims had already considered and disposed of this issue. In reversing for a finding of fact in this respect, the Industrial Relations Commission apparently overlooked the portion of the...
To continue reading
Request your trial
-
Zundell v. Dade County School Bd.
...v. Florida Indus. Comm'n, 86 So.2d 147 (Fla.1955). See also Leon County Sch. Bd. v. Grimes, 548 So.2d 205 (Fla.1989); Honeywell, Inc. v. Scully, 289 So.2d 393 (Fla.1974); Southern Convalescent Home v. Wilson, 285 So.2d 404 (Fla.1973).9 Mosca did not, however, as does the majority here, exte......
-
Grimes v. Leon County School Bd.
...preexisting condition of scoliosis, because of the employer's requirement that she perform additional work); Honeywell, Inc. v. Scully, 289 So.2d 393 (Fla.1974) (injuries resulting from a fall, caused in turn by a fainting spell, held to be noncompensable because the hazard of employment di......
-
Legakis v. Sultan & Sons
...Federal Electric Corp. v. Best, 274 So.2d 886 (Fla.1973); Southern Convalescent Home v. Wilson, 285 So.2d 404 (Fla.1973); Honeywell v. Scully, 289 So.2d 393 (Fla.1974). See also 1 Larson, Workmen's Compensation Law, § 12.10, 3-252 (1978). Common examples of employment conditions increasing ......
-
Murphy v. Northeast Drywall
...then no compensable injury can be established. CNA Ins. Co. v. Kemper Ins. Co., 596 So.2d 81 (Fla. 1st DCA 1992); Honeywell, Inc. v. Scully, 289 So.2d 393 (Fla.1974). The majority states that appellant never advanced the position argued in this dissent--that of aggravation. Although I agree......