Tingle v. Board of County Com'rs (Dade County Port Authority), 33992
| Citation | 174 So.2d 1 |
| Decision Date | 05 April 1965 |
| Docket Number | No. 33992,33992 |
| Parties | Anne E. TINGLE, Petitioner, v. BOARD OF COUNTY COMMISSIONERS (DADE COUNTY PORT AUTHORITY), Bituminous Casualty Corporation, and the Florida Industrial Commission, Respondents. |
| Court | United States State Supreme Court of Florida |
J. H. Kaiser, Jr., of Sams, Anderson, Alper & Spencer, Miami, for petitioner.
Eugene E. Williams, of Williams & Jabara, Miami, Patrick H. Mears, Tallahassee, and J. Franklin Garner, Lakeland, for respondents.
The claimant seeks a writ of certiorari to have reviewed an order of the Florida Industrial Commission affirming an order of the deputy commissioner which denied compensation benefits for an industrially related heart attack.
On Saturday, June 1, 1963, while at work, the employee-decedent experienced a sudden sharp pain in his chest when he slipped and fell in attempting to turn a large valve in an air-conditioning system Pain persisted for about an hour and then subsided. He worked the remainder of the day, the next day, and on the third day after two hours of his usual heavy work he again experienced severe chest pain and passed out for a period of time. He was hospitalized that evening and died of a coronary thrombosis on Wednesday, June 5, 1963. The record shows that he had felt somewhat ill and never fully recovered after his accident on Saturday but went about his normal activities without much complaint. We pause here to note that it is commendable in this age of hypochondria that some stalwart individuals still refuse to succumb to every pain, even though sometimes subsequent events tend to prove that such would have been more prudent for both the employee and his heirs.
The point for decision is whether the heart attack was causally related to decedent's employment and therefore compensable. The deputy held that it was not and by a majority vote the Full Commission affirmed.
We have heard oral argument, scanned the record and conclude that the order of the Full Commission should be quashed. We concur in the view of the dissenting member of the Commission and quote from it for clarification of our position:
'At the risk of oversimplifying, I would like to point out a significant finding of fact made by the deputy commissioner. The deputy found, '* * * that in the process of struggling with the wrench to turn the valve, his foot slipped, throwing him into an awkward position; that he felt a sudden sharp pain in his chest, which persisted for about one hour, and subsided.' This finding of fact, and I don't believe it can be disputed, is a finding, in effect, that claimant suffered an accident. There is nothing in the record and there is no finding of fact by the deputy commissioner to the effect that employees performing the same type of employment and the same duties,...
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