Marhoefer v. Frye

DREW, Justice.

The petition for writ of certiorari in this case controverts an order of the commission affirming an award for death benefits under F.S.Sec. 440.16, F.S.A. The deputy found that the employee’s death resulted from a heart attack suffered while he was subject to unusual physical and mental stress in his work as foreman on a multiple story construction project.

The question of whether the employee was at the time of his heart attack “subject to unusual strain or overexertion not routine to the type of work he was accustomed to performing”1 is admittedly a close one. Nevertheless,…