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Ferguson v. Elna Electric, Inc.

District Court of Appeal of Florida, Third District
Nov 16, 1982
421 So. 2d 805 (Fla. Dist. Ct. App. 1982)

Opinion

No. 82-132.

November 16, 1982.

Appeal from the Circuit Court, Dade County, Ellen Morphonios Gable, J.

Horton, Perse Ginsberg, William Huggett and Arnold Ginsberg, Miami, for appellant.

Pyszka Kessler and William G. Edwards, Miami, for appellee.

Before SCHWARTZ, DANIEL S. PEARSON and FERGUSON, JJ.


We affirm the summary judgment solely for the reason that appellant, having demanded and been paid worker's compensation benefits, was estopped to deny that he was injured while in the course and scope of his employment. Matthews v. G.S.P. Corporation, 354 So.2d 1243 (Fla. 1st DCA 1978). We specifically do not decide, because it is unnecessary, whether appellee was in fact engaged in a special errand for his employer when he was injured.

Affirmed.


Summaries of

Ferguson v. Elna Electric, Inc.

District Court of Appeal of Florida, Third District
Nov 16, 1982
421 So. 2d 805 (Fla. Dist. Ct. App. 1982)
Case details for

Ferguson v. Elna Electric, Inc.

Case Details

Full title:MICHAEL FERGUSON, APPELLANT, v. ELNA ELECTRIC, INC., APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Nov 16, 1982

Citations

421 So. 2d 805 (Fla. Dist. Ct. App. 1982)

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PER CURIAM. Affirmed. Ferguson v. Elna Electric, Inc., 421 So.2d 805 (Fla. 3d DCA 1982); Matthews v. G.S.P.…