MAE VAUGHN, PETITIONER,
v.
THE INTERNATIONAL CO., INC., EMPRESS HOTEL AND SELF-INSURED, CORPORATE GROUP SERVICE AND THE FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS

Fla. 3d DCA | 1958-05-01
No. 58-72
HORTON and PEARSON, JJ., concur.
102 So. 2d 825 Florida District Court of Appeal, Third District (1958) Caution
Cited by 4 cases

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Synopsis

The court ruled that a collision policy does not cover loss of use of a vehicle, and evidence for a claim of depreciation in market value after repairs would be permitted.


Holding

The court held that the collision policy did not cover the insured's claim for loss of use of the vehicle.


Facts & Procedural History

The insured made claims under a collision policy for repair costs, medical payments, loss of use, and depreciation. The company admitted liability for…

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Opinion of the Court
CARROLL, CHAS., Chief Judge.

CARROLL, CHAS., Chief Judge.

In a workmen’s compensation matter, the petitioner was awarded compensation by a deputy commissioner on his finding and adjudication of permanent total disability. On review, the full commission accepted the finding, and “agreed” on the total disability as found by the deputy commissioner, but reversed the deputy’s order and directed that as a preliminary to an adjudication of the permanency of such disability the claimant should be subjected to rehabilitation procedures as provided for under section 440.49, Fla.Stat., F.S.A.

The question of the correctness of the commission’s order is controlled by our decision rendered in Case No. 58-120, entitled Stewart v. Board of Public Instruction, Fla.App.1958, 102 So.2d 821, in which we held that under section 440.49, Fla. Stat., F.S.A., the rehabilitation procedure provided for is to follow rather than to precede adjudication of permanency of the disability. On the opinion and authority of that case the petition for certiorari herein is granted, and the order of the commission to which it is directed is quashed, and the cause is remanded for the entry of an appropriate order by the commission not inconsistent with this opinion.

HORTON and PEARSON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Finkley v. Lathing, 120 So. 2d 9 (Fla. 1960)
    …oceedings under former Section 440.49, Florida Statutes, F.S.A., should follow rather than precede the adjudication of disability. Stewart v. Board of Public Instruction, Dade County, Fla.App., 102 So. 2d 821; Vaughn v. International Co., Fla. App., 102 So. 2d 825. Certainly even under Section 440.49, as amended by Chapter 59— 101, Laws of Florida, 1959, if the aspect of possible rehabilitation is to be taken into consideration in fixing the degree or extent of disability it should be submitted before the dep…
  • …ty the injured employee may be rehabilitated. Appellee contends that the rehabilitation procedures should follow rather than precede the adjudication of PTD citing Finkley v. John Raffa Lathing, 120 So. 2d 9 (Fla.1960); Vaughn v. International Co., 102 So. 2d 825 (Fla. 3d DCA 1958); and Stewart v. Board of Public Instruction, Dade County, 102 So. 2d 821 (Fla. 3d DCA 1958). The cited cases are inapplicable. Stewart quashed an Industrial Commission order which had found that the deputy prematurely awarded PTD…

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