SHIVER'S SUPER STORE AND AMERICAN HARDWARE MUTUAL INSURANCE COMPANY, PETITIONERS,
v.
FLORIDA INDUSTRIAL COMMISSION AND FLORIDA INDUSTRIAL COMMISSION ACTING, AS SPECIAL DISABILITY FUND, RESPONDENTS
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The Florida Industrial Commission acting as Special Disability Fund appealed a workers' compensation order allocating the entire attorney's fee to the employer and carrier despite the Fund's liability for a portion of the compensation award. The court granted certiorari after the respondent Commission conceded the point and agreed the petitioners' position was well taken.
The court held that the petitioners' position was well taken and the Full Commission's order allocating the entire attorney's fee to the employer and carrier was improper. The order was quashed for entry of a new order allocating attorney's fees in a manner consistent with the respective liability of the parties.
“It is this last portion of the deputy commissioner's order which was appealed to the full commission.”
Establishes that the sole issue on appeal was the allocation of attorney's fees.
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Join FLexlaw to unlock all legal intelligenceA claimant suffered loss of a finger in an accident. The deputy commissioner found the employer liable for 20 weeks of permanent partial compensation …
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The claimant is not involved in this proceeding. The deputy commissioner, in a compensation order, found that the employer was liable for only 20 weeks of permanent partial compensation for claimant’s loss of a finger in an accident. He also found that the Special Disability Fund was liable for 175 weeks compensation less certain credits by reason of the fact that the claimant had a previous impairment. The deputy commissioner further ordered the employer and carrier to pay the entire amount awarded as attorney’s fees to claimant’s attorney. It is this last portion of the deputy commissioner’s order which was appealed to the full commission. The full commission affirmed the deputy commissioner’s refusal to allot a proportionate share of the attorney’s fee against the Special Disability Fund. The employer and carrier sought review of the ruling of the full commission by petition for writ of certiorari.
At the hearing upon the petition, attorneys for the respondents, Florida Industrial Commission and Florida Industrial Commission, acting as Special Disability Fund, stated that the respondents have reexamined their previous position and have receded therefrom. Further, it was stated that the respondents do not now oppose petitioners’ position before this court and are agreeable to the issuance of the writ.
We have, therefore, examined the record, and it appearing to us that petitioners’ position is well taken, the petition for certiorari is granted and the order of the full commission is quashed for the entry of an order in conformance with this opinion.
Certiorari granted.
CARROLL, CHAS., C. J.,' and HORTON and PEARSON, JJ., concur.
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City OF Miami Beach v. Fla. Indus. Comm'n, 105 So. 2d 885 (Fla. 3d DCA 1958)…the pro rata share of the attorneys’ fee between the employer and the Special Disability Fund.” The commission now appears to share that view, as pointed out in the recent case of Shiver’s Super Store v. Florida Industrial Commission, Fla.App. 1958, 102 So. 2d 831; and the parties here do not dispute the point. On the contention respecting the deputy commissioner’s findings of fact, as they were challenged first before the commission, we conclude, as did the commission, that his findings were adequately supp…
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