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Indian River Cty. Sheriff's v. Roske

District Court of Appeal of Florida, First District
Aug 13, 1982
417 So. 2d 1161 (Fla. Dist. Ct. App. 1982)

Opinion

No. AI-3.

August 13, 1982.

Appeal from the Deputy Commissioner.

James T. Walker, of Brennan, McAliley, Hayskar, McAliley Jefferson, Fort Pierce, for appellant.

Vincent A. Lloyd, of Lloyd, Brown, Hoskins Becht, Fort Pierce, for appellee.


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.


Summaries of

Indian River Cty. Sheriff's v. Roske

District Court of Appeal of Florida, First District
Aug 13, 1982
417 So. 2d 1161 (Fla. Dist. Ct. App. 1982)
Case details for

Indian River Cty. Sheriff's v. Roske

Case Details

Full title:INDIAN RIVER COUNTY SHERIFF'S DEPARTMENT, APPELLANT, v. MARLENE ROSKE…

Court:District Court of Appeal of Florida, First District

Date published: Aug 13, 1982

Citations

417 So. 2d 1161 (Fla. Dist. Ct. App. 1982)

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