6 Florida opinions name it 2 courts 1974–1995 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Wuesthoff Memorial Hosp. v. Hurlbertgreen1 sentence1995The test the JCC applied appears similar to what has been described as the "positional risk test." See Wuesthoff Memorial Hospital v. Hurlbert, 548 So.2d 771 , 773 n. 3 (Fla. 1st DCA 1989) ("A growing group of jurisdictions has adopted the positional-risk test, under which an injury is compensable if it would not have happened but for the fact that the conditions or obligations of the employment put the claimant in the position where he was injured."). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
City of Holmes Beach v. Grace
green
1 sentence1992Thus, even though the only connection with the employment to the injury was that the obligations of the job placed the employee in the particular place at the time of injury, compensation will nonetheless be approved because the employee was injured by some neutral force, meaning a condition neither personal to the worker, nor otherwise distinctly associated with the employment. 1 Larson, § 6.50 at 3-6-7. [20] The fact that the claimant below suffered a physical injury shortly following the emotional encounter with the student brings his injury outside the exception provided in section 440.02( | 1 | 1992–1992 |
Murphy v. PENINSULAR LIFE INSURANCE COMPANY
green
1 sentence1990The Judge of Industrial Claims found that Murphy was entitled to workers’ compensation benefits under the positional risk doctrine because his employment brought him to the place where he observed the occasion for the rescue attempt. 299 So.2d at 4 . | 1 | 1990–1990 |
C & S Crane Service, Inc. v. Negron
neutral
1 sentence1989In Talisman Sugar Corporation v. Bruce, 8 FCR 268, cert. den., 296 So.2d 49 (Fla.1974), the Commission affirmed a finding of compensability when the claimant, who was not the aggressor, was shot on his employer’s premises by a fellow worker. | 1 | 1989–1989 |
San Marco Company, Inc. v. Langford
green
2 sentences1982The determinative legal principles are set forth in San Marco Company, Inc. v. Langford, 391 So.2d 326 (Fla. 1st DCA 1980), quoting from Professor Larson [1] in his treatment of the subject: When the animosity or dispute that culminates in an assault is imported into the employment from claimant's domestic or private life, and is not exacerbated by the employment, the assault does not arise out of the employment under any test. * * * * * * When it is clear that the origin of the assault was purely private and personal, and that the employment contributed nothing to the episode, whether by enge 1982The determinative legal principles are set forth in San Marco Company, Inc. v. Langford, 391 So.2d 326 (Fla. 1st DCA 1980), quoting from Professor Larson [1] in his treatment of the subject: When the animosity or dispute that culminates in an assault is imported into the employment from claimant's domestic or private life, and is not exacerbated by the employment, the assault does not arise out of the employment under any test. * * * * * * When it is clear that the origin of the assault was purely private and personal, and that the employment contributed nothing to the episode, whether by enge | 1 | 1982–1982 |
O'Leary v. Brown-Pacific-Maxon, Inc.
green
2 sentences1974It is the petitioner's contention that the IRC erred in rejecting the positional risk doctrine, citing O'Leary v. Brown-Pacific-Maxon, Inc., 340 U.S. 504 , 71 S.Ct. 470 , 95 L.Ed. 483 (1951). 1974It is the petitioner's contention that the IRC erred in rejecting the positional risk doctrine, citing O'Leary v. Brown-Pacific-Maxon, Inc., 340 U.S. 504 , 71 S.Ct. 470 , 95 L.Ed. 483 (1951). | 1 | 1974–1974 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.