Legal Opinion · Dissent

Poinsetta Gifts v. Evans

District Court of Appeal of Florida

Decided November 10, 1980No. SS-325Published

1Dissent

ROBERT P. SMITH, Jr., J.,

dissenting:

In this worker’s compensation appeal the court affirms an order awarding claimant benefits for a 20% permanent physical impairment of the body as a whole. An insect bit claimant at her work in a gift shop. That work did not involve any risk of insect bites other than that encountered by anyone anywhere else in Vero Beach on that October day. Claimant’s existing hypersensitivity to insect bites increased because she was bitten, and on that account the deputy commissioner has awarded permanent disability benefits. I do not agree that claimant’s increased…

2Cases cited3 opinions

  1. Southern Bell Tel. & Tel. Co. v. McCookSupreme Court of Florida · 1977
  2. Plantation Const. Co. v. AyersDistrict Court of Appeal of Florida · 1980
  3. Murphy v. PENINSULAR LIFE INSURANCE COMPANYSupreme Court of Florida · 1974

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