Vitale v. Haeser
Decision Date | 24 April 1953 |
Citation | 64 So.2d 657 |
Parties | Charles B. VITALE et al., Appellants, v. William P. HAESER et al., Appellees. |
Court | Florida Supreme Court |
An Appeal from the Circuit Court for Palm Beach County; C. E. Chillingworth, Judge.
Joseph A. Peel, Jr., West Palm Beach, and Allen Clements, Miami, for appellants.
Earnest, Lewis, Smith & Jones, West Palm Beach, for appellees.
Reversed under the authority of Gray v. Employers Mutual Liability Ins. Co., 64 So.2d 650, opinion filed November 14, 1952, adhered to on re-hearing April 24, 1953.
THOMAS, J., not participating.
This is an appeal from the judgment of the Circuit Court in a Workmen's Compensation case. It was first tried before the Deputy Commissioner, who found against the claimant. On appeal to the Full Commission, the Deputy was reversed by a two to one vote. The Circuit Court reinstated the judgment of the Deputy Commissioner.
There was no dispute as to the facts before the Deputy Commissioner. The facts as to the injury were stipulated to as follows:
The Deputy Commissioner made, among others, the following findings of fact:
'That at the time of claimant's injury his position was not unusual and claimant was not subject to any unusual strain or exertion.
'That there was no occurrence of an unusual nature which contributed to or brought about the injury.'
The Deputy...
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...A.2d 839; Neylon v. Ford Motor Co., 10 N.J. 325, 91 A.2d 569; Gray v. Employers Mut. Liability Ins. Co., Fla., 64 So.2d 650; Vitale v. Haeser, Fla., 64 So.2d 657; Falk v. Balch, Fla., 64 So.2d 658; Glass v. G. A. Miller Co., Fla., 65 So.2d 749; Larson's Workmen's Compensation Law, Vol. I, p......
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Southern Cotton Oil Co. v. Wynn, 6 Div. 606
...A.2d 839; Neylon v. Ford Motor Co., 10 N.J. 325, 91 A.2d 569; Gray v. Employers Mut. Liability Ins. Co., Fla., 64 So.2d 650; Vitale v. Haeser, Fla., 64 So.2d 657; Falk v. Balch, Fla., 64 So.2d 658; Glass v. G. A. Miller Co., Fla., 65 So.2d 749; Larson's Workmen's Compensation Law, Vol. I, p......