W. T. Edwards Hosp. v. Rakestraw, B-149
| Decision Date | 06 October 1959 |
| Docket Number | No. B-149,B-149 |
| Citation | 114 So.2d 802 |
| Parties | W. T. EDWARDS HOSPITAL, Petitioner, v. Frank T. RAKESTRAW and Florida Industrial Commission, Respondents. |
| Court | Florida District Court of Appeals |
Richard W. Ervin, Atty. Gen., Leonard R. Mellon, Sp. Asst. Atty. Gen., and Joseph C. Jacobs, Asst. Atty. Gen., for petitioner.
Burnis T. Coleman, Paul E. Speh, and Ervin, Buford & Pennington, Tallahassee, for respondents.
W. T. Edwards Hospital, a state agency, seeks certiorari to review an order of the Florida Industrial Commission affirming in part and modifying in part an order of the Deputy Commissioner in a workmen's compensation case wherein Frank T. Rakestraw was awarded compensation for injuries suffered in an affray with one Cecil Stover, a fellow employee.
The Deputy Commissioner found, inter alia, 1) that the altercation had its origin in an argument or discussion concerning two fellow employees; 2) that the argument was unrelated to the employer's business; 3) that claimant was not the aggressor; 4) that the altercation took place on the employer's premises while the claimant was on duty. These findings were affirmed by the Full Commission on the theory that the so-called 'positional-risk' doctrine applied to the affray.
The deputy further found that due to the injuries received, the claimant was temporarily disabled from February 5, 1958, through March 5, 1958. The effect of this finding was to disallow disability benefits for a period of time during which the claimant was suspended from employment because of the employer's dissatisfaction with his role in the transactions that led up to the affray. The Full Commission ruled that the employee was entitled to compensation for the full period.
It appears that on the day prior to the affray the respondent Rakestraw, who was employed as a mechanical engineer and was the superior of one Cecil Stover, a fellow employee, became engaged with Stover in a discussion as to whether one Henry Willis, also a fellow employee, was in duty or honor bound to indemnify a third person, one Echols, for the loss of the latter's automobile which was accidentally destroyed by fire while in the custody of Willis at his home where the latter, during time off from petitioner's employ, had been doing repair work on the automobile. Rakestraw expressed the opinion that Willis was under no obligation to indemnify Echols for the loss, while Stover voiced the opposite view. Unfortunately, Willis learned of Stover's opinion and later that day came in contact with Stover, to whom he proceeded to make it known that he very definitely concurred with Rakestraw's view on the subject. It does not appear...
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...of the workplace itself. This is true where workplace tensions lead one employee to assault another, W.T. Edwards Hospital v. Rakestraw, 114 So.2d 802, 803 (Fla. 1st DCA 1959), where jealousy over a lovers' triangle causes one worker to attack another with a workplace tool, Tampa Maid Seafo......
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...of the workplace itself. This is true where workplace tensions lead one employee to assault another, W.T. Edwards Hospital v. Rakestraw , 114 So.2d 802, 803 (Fla. 1st DCA 1959), where jealousy over a lovers' triangle causes one worker to attack another with a workplace tool, Tampa Maid Seaf......
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Spleen v. Rogers Group, Inc.
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