McNeill v. Thompson, 21818

• Decision Date: 29 May 1951
• Docket Number: No. 21818,21818
• Citation: 53 So.2d 868
• Parties: McNEILL et al. v. THOMPSON et al.
• Court: Florida Supreme Court

Page 868

53 So.2d 868

McNEILL et al. v. THOMPSON et al.

No. 21818.

Supreme Court of Florida, en Banc.

May 29, 1951.

Rehearing Denied July 3, 1951.

Messer & Willis, Ben C. Willis and James Messer, Jr., all of Tallahassee, for appellants.

Davenport & Johnston, Bert A. Davenport, and Mayo C. Johnston, all of Panama City, for appellees.

PARKS, Associate Justice.

We review Employers' appeal from the judgment of the Circuit Court of Bay County affirming an order of the Florida Industrial Commission approving the order of its Deputy Commissioner granting compensation to the claimant, Thompson, for an injured spine consisting of a ruptured inter vertebral disc. That Claimant suffered such injury is not disputed. The sole question we are called on to determine is whether or not he received this injury in an 'accident' within the meaning of the Compensation Act. F.S.A. § 440.01 et seq.

By agreement, the case was tried upon Thompson's written version of the incident, supplemented by stipulation of facts by the parties, viz.:

'My name is Wade L. Thompson, 5600 19th Court, Wainwright Park, Panama City, Florida. On January 23, 1950 I worked for Mr. Andy C. McNeil on the Southern Bell Telephone Building at Panama City. I went to work at 12:30 and worked until 4:30 P.M. I was the foreman of the painting and there were three painters working under me. Two of them, a Mr. Hurley and a Mr. O' Bryan, knocked off at 3:30, and a Mr. Brooks worked with me until 4:30. I spent all of the afternoon outside of the building, working on some doors and handrails. During the afternoon it became necessary to move all of the paint out of the basement of the building and place it in the open under some trees near the building. A colored laborer got the paint out and placed it under the trees. As two of the painters left at 3:30 that left only myself and Mr. Brooks on the job. There was an extension ladder outside against the building with the bottom in a hole. It was necessary to move the ladder as I needed it as a support for some cover cloths to put over the paint to protect it from the weather.

'I started to lift the ladder and get it out of the hole. As I lifted up and was getting it out of hold I felt a pain in the lower part of my back. It was a sharp pain and I dropped the ladder. I felt like I was going to faint and turned sick. I called Mr. Brooks and told him I couldn't do anything else and to move the ladder over to the paint and cover all of it up with drop cloths. He did so. This happened about 4:00 p. m. and I sat down and rested. The pain continued but I was able to drive my car home. I thought it would pass off but it continued throughout the night. I did not feel like going back to work and my wife called Mr. McNeil and told him I would not be able to go to work and that I was going to see the doctor if I was able to get there.'

'1. The attached statement of Wade L. Thompson dated February 20, 1950, sets forth true facts pertaining to his disability claimed to have been connected with his employment on January 23, 1950.

'2. That in addition to the facts set forth in Mr. Thompson's said statement, the following matters are undisputed:

'(a) At the time Mr. Thompson lifted the ladder on January 23, 1950, as described in his said statement, he did not experience any misstep, fall, slipping, blow or other untoward incident, but applied his physical strength to the extent necessary to lift or move the ladder and after this effort felt the sharp pain in the lower part of his back.

'(b) The claimant has been a painter since 1922 and in the course of his work in this trade has many times lifted ladders, including extension ladders, but had never before experienced a sharp pain in his back such as felt on January 23, 1950; and that lifting ladders is common in the painting trade.'

The...