Indian River County Sheriff's Department v. Roske

District Court of Appeal of Florida

Indian River County Sheriff's Department v. Roske

417 So. 2d 1161, 1982 Fla. App. LEXIS 20874

CourtDistrict Court of Appeal of Florida

DecidedAugust 13, 1982

DocketNo. AI-3

StatusPublished

Cited by5 cases

This text of 417 So. 2d 1161 (Indian River County Sheriff's Department v. Roske) 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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Indian River County Sheriff's Department v. Roske, 417 So. 2d 1161, 1982 Fla. App. LEXIS 20874 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

The employer/carrier (E/C) appeal a workers’ compensation order finding that claimant sustained a compensable emotional injury on February 6, 1981.

There must be an actual physical injury or trauma upon which to predicate compensation for a neurosis. See Superior Mill Work v. Gabel, 89 So.2d 794 (Fla.1956); Williams v. Hillsborough County School Board, 389 So.2d 1218 (Fla. 1st DCA 1980), pet. for rev. den., 397 So.2d 780 (Fla.1981); Sunland Training Center — Miami v. Johnson, 9 FCR 172, cert. den. 315 So.2d 477 (Fla.1975). There is no competent substantial evidence to show that claimant suffered a physical injury or trauma which precipitated her mental condition. The finding of compensability is therefore reversed.

LARRY G. SMITH, JOANOS and THOMPSON, JJ., concur.

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PER CURIAM.

The employer/carrier (E/C) appeal a workers’ compensation order finding that claimant sustained a compensable emotional injury on February 6, 1981.

There must be an actual physical injury or trauma upon which to predicate compensation for a neurosis. See Superior Mill Work v. Gabel, 89 So.2d 794 (Fla.1956); Williams v. Hillsborough County School Board, 389 So.2d 1218 (Fla. 1st DCA 1980), pet. for rev. den., 397 So.2d 780 (Fla.1981); Sunland Training Center — Miami v. Johnson, 9 FCR 172, cert. den. 315 So.2d 477 (Fla.1975). There is no competent substantial evidence to show that claimant suffered a physical injury or trauma which precipitated her mental condition. The finding of compensability is therefore reversed.

LARRY G. SMITH, JOANOS and THOMPSON, JJ., concur.

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417 So. 2d 1161, 1982 Fla. App. LEXIS 20874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/indian-river-county-sheriffs-department-v-roske-fladistctapp-1982.

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