Florida/Georgia Personal Injury & Workers Compensation

...or their respective employees; that the plaintiff had received and was receiving workmen's compensation from Grinnell's insurance carrier; and that plaintiff's exclusive remedy was under the Workmen's Compensation Act of the State of Florida, F.S.A. § 440.01 et seq., "since none of the defendants are (sic) third parties as contemplated by the Workmen's Compensation Act." The defendants jointly moved for a summary judgment in their favor on the ground that neither was a third party within the me...

...It is not contended that the fall damaged the heart or directly caused the heart failure. No evidence is presented to show that shock, pain, nervousness or anxiety followed the fall such as would probably "trigger" the heart failure. The Workmen's Compensation Act, F.S.A. § 440.01 et seq., does not make industry the insurer of the lives of its employees and we cannot do so by judicial decree....

...Blackwell, Walker & Gray, Allen Clements, Miami, Rodney Durrance, Tallahassee, for respondents. DREW, Justice. On the evening of July 12, 1952 claimant's auto crashed into a tree and for the injuries sustained he sought benefits under the Workmen's Compensation Act, F.S.A. § 440.01 et seq., against the Naranja Rock Company, herein called Naranja, and Dawal Farms, Inc., herein called Dawal Farms....

...een the deceased and the City, it appears clear to us that he definitely was not an employee at the time of his tragic death. We observe in passing that the record tenders no question as to the applicability of our Workmen's Compensation Law, F.S.A. § 440.01 et seq., therefore, we offer no comment on it....

...It must be conceded that it was necessary for him to secure lodging for the night. Had claimant not left the motor court after registering, but while walking over the lawn before retiring, fallen and broken his leg, such injury would be compensable under the Act, F.S.A. § 440.01 et seq....

...There can be no question that the acceptance of the Workmen's Compensation Law by the employee, employer and insurance carrier constitutes a contract between the parties which embraces all of the provisions of the law as they exist at the time the employee sustains an injury. See Section 440.01, et seq., F.S.A.; Chamberlain v....

...olus), because the saphenous ligation admittedly will prevent a pulmonary embolus from developing as a result of a blood clot in his right leg. This court has consistently given a liberal interpretation to our Workmen's Compensation *796 Act, F.S.A. § 440.01 et seq....

...*555 Knight, Smith & Underwood, Miami, for appellants. Lawrence G. Lally and Thomas C. Britton, Miami, and Gerald J. Klein, Miami Beach, Britton & Hodges, Miami, and Rodney Durrance, Tallahassee, for appellees. DREW, Justice. This case arises under the Workmen's Compensation Laws, F.S.A. § 440.01 et seq....

compensation under the Workmen's Compensation Act, F.S.A. § 440.01 et seq. The usual hearing was conducted and on

...Sanford, as employee of A.P. Clark Motors, Inc., of Orlando, Florida, died August 13, 1948 as the result of an automobile accident. His widow, Pauline Moseley Sanford, presented her claim for Workmen's Compensation and other benefits as provided under Section 440.01 et seq., F.S.A....

...the great weight of authority in such cases is to the effect that where an employee inflicted with a disease, known or unknown, receives a personal injury under such circumstances that he might have appealed to the workmen's compensation act, F.S.A. § 440.01 et seq....

...A rule nisi was issued to which respondents have filed returns. The returns challenge the contention of relators that the Circuit Court is without jurisdiction of the cause. The primary question is whether or not the Workmen's Compensation Act, F.S.A. § 440.01 et seq., provides the exclusive remedy for the minor to recover damages for his injury....

...Lightning struck a building, or near a building, in which a stenographer was working. Before the bolt, she was well and free of the various symptoms that appeared immediately afterward. Aside from the presumption secured to claimants under the Workmen's Compensation Act, F.S.A. § 440.01 et seq., the language of the court on the subject of trauma seems apposite....

...taining the recital that the plaintiff elected to try the case "solely on the theory that the plaintiff was actually at the time of the accident an employee of the defendant, and not within the scope of the Florida Workman's Compensation Law [F.S.A. § 440.01 et seq.] * * *"; so the gross negligence feature and corresponding pleas were abandoned....

...NOTES [1] Art. V, § 3(b)(4), Fla. Const. [2] In its opinion, the district court described this doctrine as follows: "[A]n injury resulting from risks or conditions solely personal to the claimant does not meet the statutory definition of injury in section 440.01(14) requiring it to be caused `by accident arising out of and in the course of employment,' unless the employment contributes to the risk or aggravates the injury." Grimes v....

...City Commission, City of Jacksonville, Fla., 44 So.2d 423, are much closer cases than those heretofore discussed, but could have been decided on the same premise. We wish to make clear, however, that we do not interpret the Workmen's Compensation Law, F.S.A. § 440.01 et seq., as requiring that an injury "by accident" proceed from an unexpected cause....

controversy. Florida's Workmen's Compensation Act (Section 440.01-440.57, *Page 526 Fla. Stats. 1941) fails

...the employee of the insured. On the other hand, the appellee Owens argues that clause (d) under exclusions must be limited to employees protected by or required to be protected by the provisions *106 of the Florida Workmen's Compensation Law, F.S.A. § 440.01 et seq., with the exceptions of domestics as noted above....

...December 8, 1953, defendant moved for summary judgment on the ground that plaintiff was an employee of defendant and could not maintain a law action against it because any claim she might have against it was covered by Workmen's Compensation Law of Florida, F.S.A. § 440.01 et seq....

...d on that portion of the award which covered past and future medical expenses. Reference to § 440.20(6), supra, will reveal that the penalty is based on "unpaid compensation". "Compensation" is the money allowance payable to an employee. Fla. Stat. § 440.01(11) (1965), F.S.A....

...th petitioner Dennis. Because of those injuries, claimant was adjudicated totally and permanently disabled and Dennis, through his carrier at that time, paid claimant the maximum benefits then recoverable under the Workmen's Compensation Act, F.S.A. § 440.01 et seq....

...of the evidence and that the Full Commission erred in approving the order of the Deputy Commissioner. A person injured while going to and coming from work as a general rule is not protected by the provisions of the Workmen's Compensation Act, F.S.A. § 440.01 et seq....

...Caldwell, Parker, Foster & Wigginton, Tallahassee, and John H. Carter, Marianna, for appellants. H.V. McClellan, Blountstown, Davis W. Ramsey and Thomas Sale, Panama City, for appellee. MATHEWS, Justice. This is a suit for personal injuries as authorized by the Workmen's Compensation Act. F.S.A. § 440.01 et seq....

...Florida Power and Hillsboro filed their separate answers, each denying negligence and alleging the contributory negligence of Plunkett; and Florida Power also defended on the ground that its liability, if any, was exclusively under the provisions *535 of the Workmen's Compensation Act, F.S.A. § 440.01 et seq....

...not apply and, thus, denied the motion. This appeal followed. The Florida Workers' Compensation Act provides for the payment of compensation benefits whenever disability or death results from an injury arising out of and in the course of employment. § 440.01 et seq., Fla....

...Respondent, by its insurance carrier, paid libelant $35 per week during the period of his total disability while under treatment of Dr. Miller, and for a period of time after his discharge for permanent disability, pursuant to the Workmen's Compensation Law of the State of Florida, F.S.A. § 440.01 et seq....

...Nichols, Gaither, Green, Frates & Beckham and M. Dudley Burton, Miami, and Rodney Durrance, Tallahassee, for appellee. SEBRING, Justice. This proceeding involves a controversy between an employee and his employer, under the Workmen's Compensation Law, F.S.A. § 440.01 et seq., regarding the extent to which payments made in advance of a compensation award should be credited on the award....

...Petitioner seeks by petition for writ of certiorari a review by this court of an order of the Florida Industrial Commission in a Workmen's Compensation proceeding, reversing the order of its deputy commissioner and denying to the petitioner benefits under the Florida Workmen's Compensation Act. Florida Statutes, Section 440.01 et seq., F.S.A....

...The Florida legislature intended the statute to provide "quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker's return to gainful reemployment at a reasonable cost to the employer." Fla. Stat. § 440.015 (2002)....

...It has been judicially determined by this Court in the prior suit by the Estate of the said deceased employee against Keys Engineering Company, that the said employee, Noard L. Baker, did not come within the Florida Workmen's Compensation Act. F.S.A. § 440.01 et seq....

...evidence and was, therefore, erroneous. [3] Where an employer hires an employee inflicted with a disease, and the employee subsequently receives an injury under such circumstances that he might have appealed to the Workmen's Compensation Act (F.S.A. § 440.01 et seq.) for relief had there been no disease involved, and the injury aggravates or accelerates the progress of the disease materially contributing to hasten its culmination in disability, he is covered by the act....

...ing of a ruptured inter vertebral disc. That Claimant suffered such injury is not disputed. The sole question we are called on to determine is whether or not he received this injury in an "accident" within the meaning of the Compensation Act. F.S.A. § 440.01 et seq....

...SHANNON, Judge. The petitioner, Jessie Bell Perkins, seeks certiorari to review an order of the Florida Industrial Commission affirming the Deputy Commissioner's holding that she was not entitled to benefits under the Workmen's Compensation Act, F.S.A. § 440.01 et seq....

...Lally & Miller, Miami, for City of Hialeah and Bituminous Cas. Corp., respondents and petitioners. Paul E. Speh and Burnis T. Coleman, Tallahassee, for Florida Industrial Commission, respondents. McLANE, Circuit Judge. These cases arise under the Workmen's Compensation Law, F.S.A. § 440.01 et seq....

...It is the general rule that the hazards encountered by employees while going to or returning from their regular place of work are not ordinarily incidental to the employment. Hence, an employee injured on such a journey is generally not protected by the Workmen's Compensation Act, F.S.A. § 440.01 et seq....

...nably inferred that it induced or contributed materially to the cerebral accident or injury complained of. This interpretation resolves any doubt in favor of the claimant which we are required to do and accords the workmen's compensation act, F.S.A. § 440.01 et seq., the beneficent purpose the legislature intended it to have....

...Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 903 et seq., and the Court decided that he was entitled to the benefits of the federal legislation, and therefore not entitled to benefits afforded by the Workmen's Compensation Law. Section 440.01 et seq., Florida Statutes (1975)....

...em from those conceived in fraud. The only conclusion we can reach from this record is that at the time of the hearing the petitioner was totally disabled within the definitions of total disability contained in our Workmen's Compensation Act, F.S.A. § 440.01 et seq....

the Florida Workmen’s Compensation Act, F.S.A. § 440.01 et seq. On February 27, 1957, Donald S. Spell-man

...A city commissioner and the bidder were, to repeat, engaged as partners in the general contracting business and maintained an office on land owned by them as cotenants. They jointly insured their employees under the Workmen's Compensation Act, F.S.A. § 440.01 et seq., and owned jointly their tools and equipment....

...Schuster of Pyszka, Kessler, Massey, Weldon, Catri, Holton & Douberley, P.A., Ft. Lauderdale, for appellees. BENTON, Judge. This appeal presents the question whether a newspaper vendor should be viewed as an employee of the newspaper's publisher for purposes of the Workers' Compensation Law, Section 440.01 et seq., Florida Statutes (1993)....

...lls Fargo. That status, according to Griffin, is distinct from any employment relationship between Loomis and the injured employee and, thus, does not implicate the immunity Loomis might otherwise enjoy under Florida's Workers' Compensation Law. See § 440.01....

...the forklift. Given the severity of the accident, Perez probably had limited ability to make such a request. In this case we again probe an area of the law we never cease to probe—employer immunity under Florida Workers' Compensation Law, sections 440.01-50, Florida Statutes (2001). Section 440.11 of the Florida Statutes (2001), entitled "Exclusiveness of liability," provides general immunity from litigation resulting from on-the-job injuries for an employer who secures the required compensation for his employees. However, section 440.01 also contains several well understood, express exceptions to employer immunity, including situations where the employer "fails to secure payment as required by this chapter," § 440.11(1)(a), Fla....

the contractor in this relationship. Because section 440(1)(b) requires a contractor-subcontractor relationship

...The other boys were Billy Rinehart, age 14 years, and Sammy Simmons, age 15 years. The three boys were employed by defendant as delivery boys, collectors and solicitors, each having a route for delivery of the paper published by defendant. No question as to the applicability of the Workmen’s Compensation Act, F.S.A. § 440.01 et seq....

...It was while he was engaged in this work that his eye was so injured that he eventually lost the sight of it. If appellee was an employee of the appellant Patton he was, of course, entitled to compensation under the Workmen's Compensation Law. F.S.A. § 440.01 et seq....

claim under the Workmen’s Compensation Act, F.S.A. § 440.01 et seq. is based on this injury. The insurance

...and second, that plaintiff is precluded from pressing this action, contending that he has released the defendant from liability by reason of having elected to receive voluntary benefit payments under the Florida Workmen’s Compensation Act, F.S.A. § 440.01 et seq....

...ifficult by the diverse decisions on this issue. This case is subject to the increased-hazard doctrine, which holds that an injury resulting from risks or conditions solely personal to the claimant does not meet the statutory definition of injury in section 440.01(14) requiring it to be caused "by accident arising out of and in the course of employment," unless the employment contributes to the risk or aggravates the injury....

...In the case of Daoud v. Matz, Fla., 1954, 73 So.2d 51 , the court indicated that judicial notice might be taken of an officially published administrative rule of the industrial commission which implemented the Workmen’s Compensation Act, F.S. A. § 440.01 et seq....

...URGIS, Chief Judge. A petition has been filed in this court for a writ of certiorari directed to an order of the respondent Florida Industrial Commission awarding compensation to the petitioner-claimant under the Workmen’s Compensation Law, F.S.A. § 440.01 et seq....

...claim was denied on the ground that there was no accident preceding the injury. This Court in its opinior stated: “It is the unexpected and unintentional effect of the strain or exertion that is covered by the Workmen’s Compensation Law [F.S.A. § 440.01 et seq.], as an injury ‘by accident,’ and a literal showing of an ‘accident’ such as a slip, fall or misstep is not a prerequisite to recovery.” In the “Bonnie Gray Case” there was no question that there was an injury which occurred while she was on the job....

...Florida’s Workers’ Compensation Law sets forth a comprehensive scheme intended “to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer....” § 440.015, Fla....

believe, however,' that the plain language of section 440.01 [sic] and *1145440.11(1) precludes any further

WIGGINTON, District Judge. This case arose under the Workmen’s Compensation. Act, F.S.A. § 440.01 et seq....

...Late in the year 1951 the appellants sued the appellee. The judge denied a motion to strike the sixth defense, which-set out that the plaintiffs were “limited and. controlled” in the right of recovery by the Workmen’s Compensation Law, -F.S.A. § 440.01 et seq.; that they, having received money from the insurance carrier,- could bring the suits only' “for’ the - use and 'benefit of the * * * insurer or jointly” with the carrier....

...The facts in this workmen’s compensation case are undisputed. On November 1, 1953, Donald E. Amsler was killed in. an accident arising out of and in the course of his. employment. This decedent had no dependents surviving him within the definition of our Workmen’s Compensation Act, F.S.A. § 440.01 et seq....

as presented-to-the — E AO-created — under section--440:1-9-1--Florida — Statutesr-in—a for Assistance

...the particular facts involved. Thus, the phrase "maliciously or intentionally injured" as used in s. 440.15 (11), F.S., refers to an injury which is inflicted with the desire to harm a law enforcement officer or one which is done deliberately. 11 1 Section 440.01 , F.S....

benefits of the Workmen’s Compensation Act, F.S.A. § 440.01 et seq. (See Lyng v. Rao, Fla., 72 So.2d 53.)

...ated or aggravated by the inhalation of dust and fumes to which the public generally is not ordinarily exposed, and (2) that therefore claimant had suffered an injury by “accident,” as the same is used in our Workmen’s Compensation Act, F.S.A. § 440.01 et seq....

administering the Workmen’s Compensation Law, F.S.A. § 440.01 et seq. Specifically : (1)It ignores the fact

...No receipt, unless it were actually a release, could alter petitioner’s rights under his employment contract. Further the receipt is compatible with payments of salary pursuant to Resolution No. 26006 except for the use of the words “any award made under the Workmen’s Compensation Law [F.S.A. § 440.01 et seq.]” (emphasis supplied)....

...alty of having to pay an attorney’s fee. We think this record reveals that the self-insuring employer did nothing more than was fair and reasonable under the circumstances and well within the provisions of the Workmen’s Compensation Act, F.S. A. § 440.01 et seq....

meaning of the Workmen’s Compensation Law, F.S.A. § 440.01 et seq., as construed by the cases of LeViness

*475Workmen’s Compensation Act of Florida [F.S.A. § 440.01 et seq.], alleging essentially that he received

rules. See generally 3 Fla.Jur.2d Appellate Review § 440.1 It is absolutely essential to the speedy and proper

wrongful death case exists purely due to operation of § 440(1)(b)(2) of the Florida Workers Compensation Law

STURGIS, Judge. We consider two petitions for certiorari to review an order of the Florida Industrial Commission relating to accident benefits under the Workmen’s Compensation Law, F.S.A. § 440.01 et seq....

...l may be taken from a final judgment or decree, we can think of no sound reason why the rule should not be extended so as to apply to constitutional certiorari proceedings to review compensation orders under the Workmen’s Compensation Law, F. S.A. § 440.01 et seq....

...ployer had agreed to provide workers' compensation coverage for the private employment. The determination of responsibility in any given instance, however, will depend upon the particular facts. Sincerely, Charlie Crist Attorney General CC/tjw 1 See Section 440.01 , Fla....

...ted or aggravated by the inhalation of dust and fumes to which the public generally is not ordinarily exposed, and (2) that therefore claimant' had suffered an injury by ‘accident,’ as the same is used in our Workmen’s Compensation Act, F.S.A. § 440.01 et seq....

...decision of S. H. Kress & Co. et al. v. Burkes, (1944), 153 Fla. 868 , 16 So.2d 106 , said: “The question presented by this appeal is whether appellee sustained an injury by accident as defined by your Workmen’s Compensation Act. F.S.A. Sec. 440.01 et seq....

...The employee appealed to the full Industrial Commission claiming that the evidence supported a finding of disability in excess of thirty-five per cent and also that the “findings of fact” of the deputy commissioner were insufficient to meet the requirements of the Workmen’s Compensation Act, F.S.A. § 440.01 et seq....

...Green -Moss, on April 23, 1951, sustained personal injuries as the 'result of an accident arising out of and in the course'of his employment with the employer. He filed a' claim for compensation finder the Work-' *571 men’s Compensation Act, F.S.A. § 440.01 et seq., and the employer and .the compensation carrier controverted the claim....

...Stevens Engineering Co.” appeared on the subcontract, Stevens was neither incorporated nor a member of any partnership. Stevens and *288 his two employees, Sanders and Griffee, performed the work on the project. Having fewer than three employees, Stevens was not required under the Florida Workmen’s Compensation Act, § 440.01 et seq., Fla.Stat., F.S.A., to carry workmen’s compensation insurance....

...Because the court's jurisdiction is based on diversity of citizenship, 28 U.S.C. § 1332, the legal issues are governed by Florida law. See State Farm Fire and Cas. Co. v. Steinberg, 393 F.3d 1226, 1230 (11th Cir.2004). Florida's Workers' Compensation Law, Fla. Stat. 440.01, et seq., "`protects workers and compensates them for injuries in the workplace, without examination of fault in the causation of the injury.'" Feraci v....

...His claim for compensation was contested by respondent primarily on the ground that at the time of the accident petitioner was not an employee but an independent contractor, and therefore outside the provisions of the Workmen’s Compensation Law, F.S.A. § 440.01 et seq....

STURGIS, Chief Judge. Tucker Taxi, Inc., an employer, and Maryland Casualty Company, its insurance carrier under the Workmen’s Compensation Act, F.S.A. § 440.01 et seq., the petitioners, bring this proceeding in certio-rari to review an order of the Florida Industrial Commission which reversed an order of a Deputy Commissioner denying *190 dependency benefits to the widow and children of Ernest Joe Schofield, deceased, claiming under the Act....

HORTON, Judge. Petitioner, Caranci, lost the end of his left thumb while in the course of his employment as a carpenter with Miami Glass and Engineering Company, and has claimed benefits under the Workmen’s Compensation Law, F.S.A. § 440.01 et seq....

...ory employee of Middlesex. The trial court entered a written order granting Nickerson and Middlesex’s motion for summary judgment. The order states that the trial court found that Lov-ering was a statutory employee “as defined in Florida Statute 440.01(15)(e)” at the time of his injury and, therefore, Nicker-son and Middlesex were entitled to receive workers’ compensation immunity from Lovering’s negligence claims....

...The amended answer and defense by the defendant was that plaintiff, as an employee of the general contractor, is barred from bringing an action against the defendant, as subcontractor, by the exclusive remedy provisions of the Florida Workmen’s Compensation Law, F.S.A. § 440.01 et seq....

meet the statutory definition of injury in section 440.01(14) [renumbered section 440.02(17), Florida

...d Insurance Corporation, seek certiorari to review two orders of the Florida Industrial Commission entered on the claim of H. I. Jones against the partnership and one Maynard W. Plummer for compensation under the Workmen’s Compensation Law, F.S.A. § 440.01 et seq....

DREW, Justice. This case arises under the Workmen’s Compensation Law, F.S.A. § 440.01 et seq....