Warman v. Metropolitan Dade County

BOYD, Justice.

This ca.use is before us on petition for writ of certiorari to review the Order of the Full Commission reversing the Judge of Industrial Claims and dismissing the claim.

Claimant, a 54-year-old heavy equipment operator, suffered a heart attack on February 20, 1967. On that day he had been grading the side of the road for approximately an hour after lunch when his “Hubert grader” ran into what proved to be a concrete spillway overgrown with grass and weeds. Claimant got a shovel and began digging and chopping weeds away in order to see what he would have to do to complete the job.…