THE DONUT SHOP AND LIBERTY MUTUAL INSURANCE COMPANY, APPELLANTS/CROSS-APPELLEES,
v.
AGNES FARRINGTON, APPELLEE/CROSS-APPELLANT

Fla. 1st DCA | 1984-12-10
No. AY-267
Ervin, C.J., Booth, J., Thompson, J.
461 So. 2d 171 Florida District Court of Appeal, First District (1984) Caution
Cited by 2 cases

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Synopsis

The court reversed the deputy commissioner's workers' compensation award because the finding that a house in Scotland could be purchased for $35,000 lacked competent, substantial evidence, as the only evidence showed the price was 35,000 British pounds (approximately $56,000).


Holding

A workers' compensation award must be supported by competent, substantial evidence, and an award based on an unsupported factual finding regarding property cost must be reversed and remanded.


Headnotes

[1] A workers' compensation award for an advanced lump sum payment must rest upon competent, substantial evidence supporting all material factual findings, including the cost…

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Key Quotes

“There is no competent, substantial evidence to support the deputy's finding that a house in Scotland could be purchased for $35,000.”

Court's statement of the evidentiary deficiency requiring reversal.

Facts & Procedural History

A permanently and totally disabled claimant residing in Scotland sought an advanced lump sum payment for home purchase. The deputy commissioner ordere…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

In this workers’ compensation case, the deputy commissioner found it was in the claimant’s best interest to purchase a one-level house in Scotland.1 The deputy found such a house could be purchased for $35,-000 and ordered an advanced, lump sum payment be made in that amount in exchange for a $35 per week credit to be taken by the carrier until the full advance payment is recouped.

There is no competent, substantial evidence to support the deputy’s finding that a house in Scotland could be purchased for $35,000. The only evidence to that issue shows a house in Scotland can be purchased for 35,000 British pounds, which at the time of the hearing, was approximately $56,000. The cause is remanded for a correction of an apparent scrivener’s error. If this was not a scrivener’s error, the deputy must make a finding as to the cost of the house in Scotland that is supported by the evidence. If necessary, further evidence on the issue may be taken.

The order is reversed and the cause remanded for proceedings consistent with this opinion.

ERVIN, C.J., and BOOTH, J., concur. THOMPSON, J., dissents.

. Claimant, accepted by the employer as permanently, totally disabled effective June 30, 1982, is a 56-year-old widow with severe rheumatoid arthritis who presently resides in Hamilton, Scotland, with her sister and sister’s children.


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Citator

Cited By

  • Whalen v. U.S. Elevator & U.S. Fid. & Guar. Co., 486 So. 2d 670 (Fla. 1st DCA 1986)
    …loss benefits is not precluded simply because the wage loss, occurring after a period of successful post-injury employment, is attributable in some part to ... discharge for a just cause” unrelated to the injury. The Donut Shop et al. v. Farrington, 461 So. 2d 171 (Fla. 1st DCA 1984), citing Plymouth Citrus Products v. Woodard, 450 So. 2d 317 (Fla. 1st DCA 1984); Williams Roofing, Inc. v. Moore, 447 So. 2d 968 (Fla. 1st DCA 1984); Lasher Milling Co. v. Brown, 427 So. 2d 1034 (Fla. 1st DCA 1983). Johnston v.…

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