WISDOM ELLERBEE, APPELLANT,
v.
CONCORDE ROOFING CO., AND FIDELITY CASUALTY COMPANY OF NEW YORK C/O UNDERWRITERS ADJUSTING COMPANY, APPELLEES

Fla. 1st DCA | 1984-12-14
No. AZ-361
MILLS and WENTWORTH, JJ., concur.
461 So. 2d 206 Florida District Court of Appeal, First District (1984) Caution
Cited by 16 cases


Opinion of the Court
SHIVERS, Judge.

SHIVERS, Judge.

The claimant in this workers’ compensation case appeals the deputy commissioner’s order which denied his claims for interest, penalties, and further medical treatment. The order on review, after setting forth that the deputy has jurisdiction of the parties and the subject matter, that claimant was injured on October 6, 1983, and that claimant duly received medical attention and temporary total disability benefits, concludes simply with, “I have carefully considered all of the testimony and all of the evidence before me, and on the basis of same consider the claims made by the employee at the hearing to be without merit.” Both the claimant and the employer/carrier urge that the deputy’s failure to set forth in his order proper findings of ultimate facts precludes intelligent judicial review. We agree. Accordingly, the deputy’s order is reversed and this cause remanded to the deputy to make findings of facts and conclusions of law in accord with section 440.-25(3)(c), Florida Statutes (1983). The deputy may conduct further hearings if, in his discretion, he deems that necessary.

REVERSED and REMANDED.

MILLS and WENTWORTH, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Emmett H. Massie v. Univ. OF Fla. & Div. of Risk Mgmt., 570 So. 2d 963 (Fla. 1st DCA 1990)
    …to permit adequate appellate review of the basis for the decision below, the court should reverse and remand for further findings. See, e.g., Trujillo v. Southern Wine & Spirits, 525 So. 2d 481 (Fla. 1st DCA 1988); Ellerbee v. Concorde Roofing Co., 461 So. 2d 206 (Fla. 1st DCA 1984); Evans v. Orlando Work Force, 449 So. 2d 992 (Fla. 1st DCA 1984); Orange County Board of County Commissioners v. Hanson, 400 So. 2d 1045 (Fla. 1st DCA 1981); University of Florida v. Green, 395 So. 2d 258 (Fla. 1st DCA 1981); Mob…
  • Dimirra Dev., Inc. v. Mills, 501 So. 2d 63 (Fla. 1st DCA 1987)
    …ould preclude him from earning wages equal to the wages he earned prior to the injury. Unless the order sets forth proper findings of ultimate fact, the court is precluded from making an intelligent judicial review. Ellerbee v. Concorde Roofing Co., 461 So. 2d 206 (Fla. 1st DCA 1984). The order in the instant case is completely unsupported by findings of fact, and must be reversed. In addition, the referral and the services performed by Statewide do not comply with the law and the E/C have no responsibility…
  • Mills v. Walden-Sparkman, Inc., 493 So. 2d 64 (Fla. 1st DCA 1986)
    …e order determining the transportation costs to be awarded should be sufficiently detailed so that a reviewing court can be intelligently apprised as to the rationale of the deputy commissioner in reaching a result. Ellerbee v. Concorde Roofing Co., 461 So. 2d 206 (Fla. 1st DCA 1984). The order on appeal was not sufficient in setting forth the rationale for the deputy commissioner’s actions as to the transportation costs. Reversed and remanded for proceedings consistent with this opinion. WIGGINTON, J., con…

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