Skinner v. First Florida Bldg. Corp., No. BJ-490

CourtCourt of Appeal of Florida (US)
Writing for the CourtWIGGINTON
Citation490 So.2d 1367,11 Fla. L. Weekly 1508
Parties11 Fla. L. Weekly 1508 Roger SKINNER, Deceased, and Joan Skinner, Widow, and Stephen Skinner, Son, Appellants, v. FIRST FLORIDA BUILDING CORPORATION and U.S. Fidelity & Guaranty Company, Appellees.
Docket NumberNo. BJ-490
Decision Date10 July 1986

Page 1367

490 So.2d 1367
11 Fla. L. Weekly 1508
Roger SKINNER, Deceased, and Joan Skinner, Widow, and Stephen Skinner, Son, Appellants,
v.
FIRST FLORIDA BUILDING CORPORATION and U.S. Fidelity & Guaranty Company, Appellees.
No. BJ-490.
District Court of Appeal of Florida,
First District.
July 10, 1986.

George J. Adler, of George J. Adler, P.A., Orlando, for appellants.

John R. Gierach, of Gierach and Ewald, P.A., Orlando, for appellees.

WIGGINTON, Judge.

The claimants appeal a workers' compensation order denying their claim for benefits on the basis that the accident causing Roger Skinner's death did not arise out of and in the course and scope of his employment. The novel issue presented herein requires the application of the Victor Wine rule, Victor Wine & Liquor, Inc. v. Beasley, 141 So.2d 581 (Fla.1962), to circumstances involving the death of a newly-hired employee. We affirm the denial of the claim.

Specifically, the deputy commissioner found that although Roger Skinner sustained a rupture of a "congenital cerebral (berry) aneurysm in July, 1984, ultimately resulting in his death," he was subjected "to neither unusual strain or over-exertion under the Victor Wine rule, during the performance of his employment duties with employer herein." Significantly, the deputy found that Mr. Skinner "was not at anytime subject to unusual strain or over-exertion not routine to this employee's regular job duties." In challenging that finding, claimants argue that the deputy has misapplied the law by emphasizing what is

Page 1368

routine to the job, as opposed to what is routine to the employee.

In the instant case, the facts show that Mr. Skinner was a carpenter for approximately twenty-one years, or until 1982, when carpentry jobs in Illinois became scarce. He was unable to procure carpentry jobs between 1982 and 1984, and during that period worked only two months saddling horses on the weekends. Thus, during the two years prior to his job with the employer, Mr. Skinner lived a sedentary life.

In 1981, Mr. Skinner was diagnosed as having high blood pressure, which he thereafter controlled with medication. However, other than his high blood pressure, Mr. Skinner was experiencing no physical problems when he looked for work upon arrival in Florida in June of 1984. While searching for work, Mr. Skinner concentrated exclusively on carpentry jobs, and the first job he procured was with First Florida Building Corporation, the employer herein, as a carpenter.

Mr. Skinner was instructed to report for work at approximately 7:00 a.m. on July 4, 1984. At around 8:15 a.m., he was observed with a hammer in his hand hitting a two-by-four stake in the ground from side to side to loosen it. The ground on which he was working was sand.

Within moments from when Mr. Skinner began laboring, he was observed to come to a standing position, and then to fall backwards to the ground. He was taken by ambulance to a hospital, and subsequently died from a ruptured cerebral berry aneurysm on July 22, 1984. There was testimony to the effect that Mr. Skinner sustained no trauma to his head as a result of his fall, and that prior to his fall he had appeared ill.

The deputy approached the issue of compensability with an analysis centering on whether Mr. Skinner had engaged in over-exertion "unusual or non-routine in reference to this employee's regular job duties." In concluding that he had not, the deputy found that Mr. Skinner had been hired as a...

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9 practice notes
  • Zundell v. Dade County School Bd., No. 91-1848
    • United States
    • Court of Appeal of Florida (US)
    • 15 Diciembre 1992
    ...581 (Fla.1961); Richard E. Mosca & Company, Inc. v. Mosca, 362 So.2d 1340 (Fla.1978); Skinner v. First Florida Building Corporation, 490 So.2d 1367 (Fla. 1st DCA Appellant appeals this determination. It is undisputed that the factual determinations in the JCC's order are supported by co......
  • Publix Super Markets, Inc. v. McGuire, No. 92-884
    • United States
    • Court of Appeal of Florida (US)
    • 12 Octubre 1993
    ...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 denying claim based on rupture of congenital cerebral (berry) aneurysm, absent showing required under Vic......
  • Harper v. SEBRING INTERN. RACEWAY, INC., No. 1D04-0191.
    • United States
    • Court of Appeal of Florida (US)
    • 10 Noviembre 2004
    ...a consideration of what was routine to the job the claimant was accustomed to performing." Skinner v. First Florida Building Corp., 490 So.2d 1367, 1369 (Fla. 1st DCA 1986); see also Wiggs Construction v. Knowles, 497 So.2d 942 (Fla. 1st DCA 1986). Further, the court must look to the d......
  • Walker v. Friendly Village of Brevard, No. 89-517
    • United States
    • Court of Appeal of Florida (US)
    • 21 Marzo 1990
    ...a consideration of what was routine to the job the claimant was accustomed to performing." Skinner v. First Florida Building Corp., 490 So.2d 1367, 1369 (Fla. 1st DCA 1986); see also Wiggs Construction v. Knowles, 497 So.2d 942 (Fla. 1st DCA 1986). Further, the court must look to the d......
  • Request a trial to view additional results
9 cases
  • Zundell v. Dade County School Bd., No. 91-1848
    • United States
    • Court of Appeal of Florida (US)
    • 15 Diciembre 1992
    ...581 (Fla.1961); Richard E. Mosca & Company, Inc. v. Mosca, 362 So.2d 1340 (Fla.1978); Skinner v. First Florida Building Corporation, 490 So.2d 1367 (Fla. 1st DCA Appellant appeals this determination. It is undisputed that the factual determinations in the JCC's order are supported by co......
  • Publix Super Markets, Inc. v. McGuire, No. 92-884
    • United States
    • Court of Appeal of Florida (US)
    • 12 Octubre 1993
    ...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 denying claim based on rupture of congenital cerebral (berry) aneurysm, absent showing required under Vic......
  • Harper v. SEBRING INTERN. RACEWAY, INC., No. 1D04-0191.
    • United States
    • Court of Appeal of Florida (US)
    • 10 Noviembre 2004
    ...a consideration of what was routine to the job the claimant was accustomed to performing." Skinner v. First Florida Building Corp., 490 So.2d 1367, 1369 (Fla. 1st DCA 1986); see also Wiggs Construction v. Knowles, 497 So.2d 942 (Fla. 1st DCA 1986). Further, the court must look to the d......
  • Walker v. Friendly Village of Brevard, No. 89-517
    • United States
    • Court of Appeal of Florida (US)
    • 21 Marzo 1990
    ...a consideration of what was routine to the job the claimant was accustomed to performing." Skinner v. First Florida Building Corp., 490 So.2d 1367, 1369 (Fla. 1st DCA 1986); see also Wiggs Construction v. Knowles, 497 So.2d 942 (Fla. 1st DCA 1986). Further, the court must look to the d......
  • Request a trial to view additional results

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