Orange County Bd. of County Com'rs v. Brenemen, 39059
Decision Date | 01 April 1970 |
Docket Number | No. 39059,39059 |
Citation | 233 So.2d 377 |
Parties | ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner, v. Gladys D. BRENEMEN and the Florida Department of Commerce, Division of Labor and Employment Opportunities, Bureau of Workmen's Compensation, Respondents. |
Court | Florida Supreme Court |
Gary L. Stump, of Whittaker, Pyle & Wood, Orlando, for petitioner.
Charles C. Hurt, of Edward H. Hurt, P. A., Orlando, Patrick H. Mears and J. Franklin Garner, Tallahassee, for respondents.
This cause is before us on petition for writ of certiorari to review the Order of the Florida Industrial Relations Commission affirming the award of death benefits. The Judge of Industrial Claims and the Full Commission, one member dissenting, found that the activities of the employee on the afternoon of October 9, 1967, resulted in stress and anxiety which elevated his blood pressure causing transient hypertension which in turn acted upon a congenital weakness in the employee's cerebral vascular system and resulted in his death on October 17, 1967.
The facts as stated in the Order of the Judge of Industrial Claims and of the Full Commission are as follows:
'He left the prison camp and returned home where he was found by his wife leaning against a refrigerator, with a whitened face, sweating profusely and looking quite ill.
The employer-carrier contended that at no time during the course of the afternoon did the employee sustain an accident as contemplated by the Workmen's Compensation Act and further that there is no causal relationship between the employee's activities on October 9 and his death occurring on October 17, 1967.
The Judge of Industrial Claims found that the action of stress and anxiety which elevated the employee's blood pressure causing transient hypertension and ultimately resulting in an intracranial hemorrhage resulting in his death, constituted an accident and further that this 'accident' arose out of and in the course of his employment. The Full Commission affirmed with one member dissenting on the grounds that claimant had failed to prove a causal...
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Johnson v. Prosecuting Atty. for Court of Record, 39006
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