LeViness v. Mauer
Decision Date | 29 May 1951 |
Citation | 53 So.2d 113 |
Parties | LE VINESS et al. v. MAUER et al. |
Court | Florida Supreme Court |
M. Dudley Burton, Miami, for appellants.
Lamar Warren, Fort Lauderdale, and Wendell C. Heaton, Tallahassee, for appellee.
We have a judgment awarding compensation to appellee for an injury arising out of the following facts found by the deputy commissioner:
The award was upheld by the full commission and also the circuit court.
Authority for the award was based upon Alexander Orr, Jr., Inc., v. Florida Industrial Commission, 129 Fla. 369, 176 So. 172; Davis v. Artley Construction Co., 154 Fla. 481, 18 So.2d 255. Obviously there was no accident preceding the heart attack and we have unequivocally held that the injury itself will not suffice to constitute the accident. We have often construed this statute and have distinguished the cited cases from similar facts as found here. This case is ruled by Cleary Brothers Construction Co. v. Nobles, 156 Fla. 408, 23 So.2d 525; and Brooks-Scanlon, Inc. v. Lee, Fla., 44 So.2d 650, and cases therein cited.
The judgment is reversed.
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Gray v. Employers Mut. Liability Ins. Co.
...injury itself cannot suffice for, or constitute, the accident', citing Brooks-Scanlon, Inc., v. Lee, Fla., 44 So.2d 650, and Le Viness v. Mauer, Fla., 53 So.2d 113. The order of the Deputy Commissioner was affirmed by the Full Commission and, in turn, by the Circuit Court in and for Dade Th......
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Swan v. Williamson
...does not suffice to constitute an accident. Sec. 72-1013, I.C.; In re Carrie (Carrie v. Carrie), 73 Idaho ----, 254 P.2d 410; Le Viness v. Mauer, Fla., 53 So.2d 113; Brooks-Scanlon, Inc., v. Lee, Fla., 44 So.2d 650; Cleary Bros. Const. Co. v. Nobles, 156 Fla. 408, 23 So.2d 525; Lagerveld v.......
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Victor Wine & Liquor, Inc. v. Beasley, 30872
...Peterson v. City Commission, Fla.1950, 44 So.2d 423 (left knee 'snapped' when employee squatted to a deep-knee position); LeViness v. Mauer, Fla.1951, 53 So.2d 113 (chest pains while working as a ditch digger, with a coronary thrombosis occurring several days later); and McNeill v. Thompson......
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Glass v. G. A. Miller Co.
...his employment, within the meaning of the Workmen's Compensation Law, F.S.A. § 440.01 et seq., as construed by the cases of LeViness v. Mauer [Fla.], 53 So.2d 113, McNeill v. Thompson [Fla.], 53 So.2d 868 * * *.' His finding was affirmed by the Full Commission on appeal, and again by the Ci......