FRED M. JOSEY, PETITIONER,
v.
HOOPER CONSTRUCTION COMPANY, CONTINENTAL CASUALTY COMPANY, AND THE FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Petitioner sought workers' compensation for a hernia allegedly sustained while working for Hooper Construction Company. The Florida District Court of Appeal granted certiorari because the Deputy Commissioner's order denying the claim lacked adequate factual findings necessary for appellate review.
The Deputy Commissioner's order lacked adequate findings of fact necessary for appellate review, and the full Commission's affirmance without comment on this deficiency was improper. The court granted certiorari and remanded for the Deputy Commissioner to enter a compensation order including clear factual conclusions and findings drawn from the evidence.
“The petition for certiorari is granted inasmuch as the essential requirements of law were not met by the affirmance of an order of the Deputy Commissioner so lacking in adequate findings as to prevent a reviewing authority testing the validity of the award.”
States the core ground for granting certiorari—inadequate factual findings prevent appellate review
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceFred Josey, a claimant/employee, alleged he suffered a hernia arising out of his employment when he jumped to the ground from the track of a dragline.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Aggravation Of Condition cases and more on FLexlaw
Petitioner was the claimant below. His claim alleged that he suffered a hernia arising out of and in the course of his employ*184ment when he jumped to the ground from the track of a dragline. The Deputy Commissioner’s findings are in the form of his conclusions as follows:
“Upon consideration of all the evidence presented, the undersigned Deputy Commissioner finds:
“2. That the claimant contends the date of his alleged accident was May 3, 1957, although he did not work for Hooper Construction Company on that date.
“3. That the claimant’s average weekly wage for thirteen weeks preceding May 3, 1957 was $91.13 per week.
“4. That the claimant did not suffer an injury while in the course or scope of his employment resulting in a hernia.
“5. That the hernia did not immediately follow an accident within the course or scope of the claimant’s employment.
“6. That the claimant’s condition was not aggravated by any injury resulting from an accident arising out of or in the scope of his employment with Hooper Construction Company.
“7. The undersigned Deputy Commissioner has very carefully considered the testimony given at the final hearing on March 20, 1958 by the claimant in this cause and after evaluating same while considering the appearance and demeanor of each witness concludes that this claim must be denied.
“Wherefore, it is the order of the Florida Industrial Commission, by and through its undersigned Deputy Commissioner, that this claim be, and the same is, hereby denied in its entirety.”
Upon application for review the claimant urged that the Deputy Commissioner failed to set forth a clear and unambiguous statement of facts sufficiently definite to enable a reviewing authority to test the validity of the denial of the claim. The full commission affirmed without comment upon this ground of the application.
The petition for certiorari is granted inasmuch as the essential requirements of law were not met by the affirmance of an order of the Deputy Commissioner so lacking in adequate findings as to prevent a reviewing authority testing the validity of the award. Section 440.25(3) (c), Fla.Stat., F.S.A. Charlton v. Dan Brosnahan Construction Company, Fla.App.1959, 108 So.2d 624; Fischer v. John W. Thomson & Son, Inc., Fla.1957, 92 So.2d 526.
The writ of certiorari is granted with directions to the Florida Industrial Commission to remand the cause to the Deputy Commissioner for the entry of a compensation order including his factual conclusions or findings drawn from the evidence submitted.
It is so ordered.
HORTON, C. J., and CARROLL, CHAS., J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State of Fla. ex rel. Iowa Nat'l Mut. Ins. Co. v. The Fla. Indus. Comm'n, 151 So. 2d 636 (Fla. 1963)…making no findings of fact was fatally defective. To the same effect are the following: Andrews v. Strecker Body Builders, Inc., Fla., 92 So. 2d 521; Fischer v. John W. Thomson & Son, Inc., Fla., 92 So. 2d 526; Josey v. Hooper Const. Co., Fla. App., 115 So. 2d 183; and Patrylo v. Nautilus Hotel, Fla., 142 So. 2d 279. Under 440.25(3) (c) we have an adversary situation within which the deputy commissioner is called upon to determine-whether or not claimant is covered by the Act, whether or not he is injured an…
-
Josey v. Hooper Constr. Co., 131 So. 2d 204 (Fla. 1961)…Certiorari denied without opinion. 115 So. 2d 183.…
Authorities Cited
- Fischer v. John W. Thomson & SON, Inc., 92 So. 2d 526 (Fla. 1957)
- McKENZIE v. McKENZIE, 108 So. 2d 624 (Fla. 1st DCA 1959)
- Charlton v. DAN Brosnahan Constr. Co., 108 So. 2d 624 (Fla. 3d DCA 1959)