Indian River County Sheriff's Dept. v. Roske

Decision Date13 August 1982
Docket NumberNo. AI-3,AI-3
Citation417 So.2d 1161
CourtFlorida District Court of Appeals
PartiesINDIAN RIVER COUNTY SHERIFF'S DEPARTMENT, Appellant, v. Marlene ROSKE, Appellee.

James T. Walker, of Brennan, McAliley, Hayskar, McAliley & Jefferson, Fort Pierce, for appellant.

Vincent A. Lloyd, of Lloyd, Brown, Hoskins & Becht, Fort Pierce, for appellee.

PER CURIAM.

The employer/carrier (E/C) appeal a workers' compensation order finding that claimant sustained a compensable emotional injury on February 6, 1981.

There must be an actual physical injury or trauma upon which to predicate compensation for a neurosis. See Superior Mill Work v. Gabel, 89 So.2d 794 (Fla.1956); Williams v. Hillsborough County School Board, 389 So.2d 1218 (Fla. 1st DCA 1980), pet. for rev. den., 397 So.2d 780 (Fla.1981); Sunland Training Center--Miami v. Johnson, 9 FCR 172, cert. den. 315 So.2d 477 (Fla.1975). There is no competent substantial evidence to show that claimant suffered a physical injury or trauma which precipitated her mental condition. The finding of compensability is therefore reversed.

LARRY G. SMITH, JOANOS and THOMPSON, JJ., concur.

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3 cases
  • Brown v. Winn-Dixie Montgomery, Inc.
    • United States
    • Florida District Court of Appeals
    • May 7, 1985
    ...finger); compare Williams v. Hillsborough County School Board, 389 So.2d 1218 (Fla. 1st DCA 1980); Indian River County Sheriff's Department v. Roske, 417 So.2d 1161 (Fla. 1st DCA 1982). We conclude that Blaich's act of impermissibly and offensively grabbing Mrs. Brown's breast was the kind ......
  • Prahl Bros., Inc. v. Phillips
    • United States
    • Florida District Court of Appeals
    • March 22, 1983
    ...underlying physical injury or trauma. See e.g., Superior Millwork v. Gabel, 89 So.2d 794 (Fla.1956); Indian River County Sheriff's Department v. Roske, 417 So.2d 1161 (Fla. 1st DCA 1982); Williams v. Hillsborough County School Board, 389 So.2d 1218 (Fla. 1st DCA 1980), pet. for rev. denied,......
  • Kneer v. Lincare and Travelers Insurance
    • United States
    • Florida District Court of Appeals
    • April 3, 2019
    ...of benefits for mental or nervous injuries is allowed." Utopia Home Care , 230 So.3d at 73 ; see also Indian River Cty. Sheriff's Dep't v. Roske , 417 So.2d 1161 (Fla. 1st DCA 1982) ; see also Superior Mill Work v. Gabel , 89 So.2d 794 (Fla. 1956). Then, subsection (3) sets a "strict deadli......

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