Richards Dept. Store v. Donin, No. 52339
| Court | United States State Supreme Court of Florida |
| Writing for the Court | ALDERMAN; ENGLAND |
| Citation | 365 So.2d 385 |
| Decision Date | 05 October 1978 |
| Docket Number | No. 52339 |
| Parties | RICHARDS DEPARTMENT STORE et al., Petitioners, v. Lee DONIN et al., Respondents. |
Page 385
v.
Lee DONIN et al., Respondents.
Rehearing Denied Dec. 8, 1978.
H. George Kagan of Miller & Hodges, Coral Gables, for petitioners.
Israel Abrams, North Miami Beach, for respondents.
Robert H. Gregory, Coral Gables, Ramon Malca of Pyszka, Kessler, Adams & Solomon, Miami, and Steven A. Rissman of Earle, Cooper & Rissman, Orlando, for amici curiae.
ALDERMAN, Justice.
We have for review by petition for writ of certiorari an order of the Industrial Relations
Page 386
Commission affirming the order of the Judge of Industrial Claims finding claimant's heart attack to be the result of unusual stress causally related to employment. We determine that the Industrial Relations Commission misapplied the doctrine of Victor Wine & Liquor, Inc. v. Beasley, 141 So.2d 581 (Fla.1962), in determining that claimant's heart attack was compensable and thereby departed from the essential requirements of the law.Claimant, a forty-five-year-old merchandise buyer, had previously suffered a myocardial infarction in 1971 for which he was hospitalized and out of work for three months. In August of 1974, he was employed by Richards Department Store to set up a housewares department. Shortly, thereafter, he was assigned the responsibility of being the buyer for the housewares, patio furniture, lawn and garden, and budget furniture departments of the store. At this time he had an assistant. Although not a part of his customary duties, in November, 1974, he assisted his supervisor and other buyers in the preparation of a six-month inventory plan and also assisted in preparation of a three-month advertising budget. In the middle of December, 1974, he was given the added responsibilities of buying for the small appliances department and of creating a popular life style concept shop. During this time, his assistant quit, and he was not provided with a new assistant until February 3, 1975. In January, 1975, he covered in one and a half days a Chicago housewares market that normally would have required a week. Upon returning from Chicago, in addition to his regular duties, he had to supervise a warehouse sale. Because claimant's departments were not producing the volume of sales expected, he was threatened with the loss of his job. In early February, 1975, he began to suffer severe headaches, nausea, shortness of breath and vomiting of blood. By the...
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Zundell v. Dade County School Bd., No. 91-1848
...Reynolds v. Whitney Tank Lines, 279 So.2d 293 (Fla.1973) (citing with approval the Victor Wine rule); Richards Dep't Store v. Donin, 365 So.2d 385 (Fla.1978) (same); City of Miami v. Rosenberg, 396 So.2d 163 (Fla.1981) Of particular interest regarding this analysis is the recent decision in......
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University of Florida v. Massie, No. 76414
...the test of Victor Wine, supra." 362 So.2d at 1346. During the same year, this Court decided Richards Department Store v. Donin, 365 So.2d 385 (Fla.1978), in which Donin asserted that a myocardial infarction, his second in four years, was "precipitated by a series of unusual, non-......
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McCall v. Dick Burns, Inc., No. YY-494
...we must look to the duty performed by the employee himself rather than by his fellow workers." Richards Department Store v. Donin, 365 So.2d 385, 386 Applying the Victor Wine test for legal causation to the record in this case, we find a lack of competent substantial evidence to suppor......
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Publix Super Markets, Inc. v. McGuire, No. 92-884
...(Fla.1981) (acute myocardial infarction with acute atrial fibrillation and left bundle branch block); Richards Dep't Store v. Donin, 365 So.2d 385 (Fla.1978) (subendocardial-myocardial infarction); Skinner v. First Florida Bldg. Corp., 490 So.2d 1367 (Fla. 1st DCA 1986) (affirming order den......
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Zundell v. Dade County School Bd., No. 91-1848
...Reynolds v. Whitney Tank Lines, 279 So.2d 293 (Fla.1973) (citing with approval the Victor Wine rule); Richards Dep't Store v. Donin, 365 So.2d 385 (Fla.1978) (same); City of Miami v. Rosenberg, 396 So.2d 163 (Fla.1981) Of particular interest regarding this analysis is the recent decision in......
-
University of Florida v. Massie, No. 76414
...not meet the test of Victor Wine, supra." 362 So.2d at 1346. During the same year, this Court decided Richards Department Store v. Donin, 365 So.2d 385 (Fla.1978), in which Donin asserted that a myocardial infarction, his second in four years, was "precipitated by a series of unusual, non-r......
-
McCall v. Dick Burns, Inc., No. YY-494
...we must look to the duty performed by the employee himself rather than by his fellow workers." Richards Department Store v. Donin, 365 So.2d 385, 386 Applying the Victor Wine test for legal causation to the record in this case, we find a lack of competent substantial evidence to support the......
-
Publix Super Markets, Inc. v. McGuire, No. 92-884
...(Fla.1981) (acute myocardial infarction with acute atrial fibrillation and left bundle branch block); Richards Dep't Store v. Donin, 365 So.2d 385 (Fla.1978) (subendocardial-myocardial infarction); Skinner v. First Florida Bldg. Corp., 490 So.2d 1367 (Fla. 1st DCA 1986) (affirming order den......