Opinion
August 1, 1952.
Appeal from the Circuit Court, Dade County, George E. Holt, J.
M. Dudley Burton, Miami, for appellant.
Lawrence G. Lally, Miami, for E.B. Anderson and Indemnity Ins. Co. of North America.
Rodney Durrance, Tallahassee, for Florida Industrial Commission, appellees.
This is an appeal from an order of the Circuit Court of the Eleventh Judicial Circuit affirming the holding of the Industrial Commission which had affirmed an order of the Deputy Commissioner.
The Deputy Commissioner in the order denying the claim stated:
"It is the opinion of the undersigned deputy commissioner, and he so finds, that the claimant developed the flu while at work and not because of his exertion, exposure to the weather or becoming overheated on that date, but because claimant had contacted the flu germ or virus several days before, sufficient for the usual period of incubation in flu cases. * * * "The undersigned deputy finds that the claimant did not suffer an injury by accident arising out of and in the course of his employment, and that there was no causal relationship between claimant's illness and his employment."
The full membership of the Industrial Commission in affirming the Deputy Commissioner said:
"* * * the Commission herein and hereby adopts the findings set forth in the Order of Deputy Commissioner Clements as the findings of the Commission."
The Circuit Judge in affirming the Full Commission found:
"We find in the record competent, substantial evidence to support the findings of facts made by the Deputy Commissioner, consequently find that the Order of the Full Commission should be affirmed."
This case is controlled by the following cases: U.S. Casualty Company v. Maryland Casualty Company, Fla., 55 So.2d 741 (Livingston Case); Sonny Boy's Fruit Company v. Compton, Fla., 46 So.2d 17.
Affirmed.
SEBRING, C.J., ROBERTS, J., and FUTCH, Associate Justice, concur.