Harold B. Wilkinson Farms v. Byrd

District Court of Appeal of Florida

Harold B. Wilkinson Farms v. Byrd

390 So. 2d 393, 1980 Fla. App. LEXIS 18115

CourtDistrict Court of Appeal of Florida

DecidedNovember 4, 1980

DocketNo. SS-498

StatusPublished

This text of 390 So. 2d 393 (Harold B. Wilkinson Farms v. Byrd) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Harold B. Wilkinson Farms v. Byrd, 390 So. 2d 393, 1980 Fla. App. LEXIS 18115 (Fla. Ct. App. 1980).

Pincite

Opinion

PER CURIAM.

The E/C appeals, contending the Judge of Industrial Claims erred in finding claimant suffered a compensable heart attack and in assessing penalties on unpaid benefits.

There is competent, substantial evidence to support the finding that the work activity engaged in prior to the onset of the heart attack was unusual strain or overexertion not routine to Byrd’s job. This particular work activity constituted a specific identifiable effort over and above claimant’s regular duties. Victor Wine and Liquor, Inc. v. Beasley, 141 So.2d 581 (Fla.1962), Richards Department Store v. Donin, 365 So.2d 385 (Fla.1978).

[394]*394Appellee concedes error on Point II and we reverse.

Affirmed in part, reversed in part and remanded for correction on Point II.

MILLS, C. J., and McCORD and THOMPSON, JJ., concur.

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