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VANDER LINDEN v. REED CONSTRUCTION CORPORATION

No. 59-358.

115 So.2d 706 (1959)

Leonard F. VANDER LINDEN, Petitioner, v. REED CONSTRUCTION CORPORATION, Employer, Bituminous Casualty Corporation, Carrier, and Florida Industrial Commission, Respondents.

District Court of Appeal of Florida. Third District.

Rehearing Denied December 8, 1959.

Attorney(s) appearing for the Case

Nichols, Gaither, Green, Frates & Beckham and Dudley Burton, Miami, for petitioner.

Lally & Miller and R.E. Hodges, Miami, for Reed Construction Corp. and Bituminous Casualty Corp.

Burnis T. Coleman and Paul E. Speh, Tallahassee for Florida Industrial Commission.

PEARSON, Judge.

The deputy commissioner concluded that the claimant sustained an injury by accident arising out of and in the course of his employment.1 (Emphasis supplied.) His findings as to the facts out of which the injury occurred were that:

"* * * while working on the premises of his employer at Miami Beach, Florida, he was in a bent over position with his head down for an undetermined period of time placing mortar...

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