FREEMAN & MCRAE AND HARDWARE MUTUAL CASUALTY COMPANY, PETITIONERS,
v.
W. C. SKILLMAN AND FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS

Fla. 2d DCA | 1957-12-11
No. 108
KANNER, C. J., and ALLEN, J., concur.
99 So. 2d 630 Florida District Court of Appeal, Second District (1957)

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Synopsis

The Florida District Court of Appeal denied a petition for certiorari, upholding an order that granted disability compensation to a claimant based on a change in condition. The court found sufficient evidence to support the commission's decision.


Holding

Yes, there was competent substantial evidence to support the Deputy Commissioner's findings and the Full Commission's order affirming the award of disability benefits.


Key Quotes

“The point here for review resolves itself into whether or not there was competent substantial testimony offered to the Deputy Commissioner which would warrant his granting disability compensation on the basis of a change in the claimant's condition under Section 440.28, Florida Statutes, F.S.A.”

This quote frames the central legal question the court needed to address.

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Facts & Procedural History

The employer and their insurance carrier petitioned for a writ of certiorari to review an order from the Florida Industrial Commission. This order aff…

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Opinion of the Court
STEPHENSON, Associate Judge.

STEPHENSON, Associate Judge.

By petition for certiorari, the employer and carrier seek to quash and set aside the order of the Full Commission affirming and ratifying the order of the Deputy Commissioner allowing disability compensation to claimant.

The point here for review resolves itself into whether or not there was competent substantial testimony offered to the Deputy Commissioner which would warrant his granting disability benefits on the basis of a change in the claimant’s condition under Section 440.28, Florida Statutes, F.S.A. From a careful review of the record, we find there was competent substantial evidence to support the findings of the Deputy Commissioner and the order of the Florida Industrial Commission.

The petition for writ of certiorari is therefore denied.

KANNER, C. J., and ALLEN, J., concur.


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