RUBY MAE BACHELDER, PETITIONER,
v.
FOUR WAY NURSERY; UTICA MUTUAL INSURANCE COMPANY; AND FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS
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The court held that the order of the Florida Industrial Commission was not final and therefore not ripe for review on the merits.
The case involved a workmen's compensation proceeding where the full commission disagreed with the deputy commissioner's findings on wage earning capa…
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This case is before us on petition for writ of certiorari to review an order of the Florida Industrial Commission in a workmen’s compensation proceeding.
Although we agree with the full commission’s determination that the deputy commissioner did not have before him sufficient evidence upon which to base his finding of 60% diminution of wage earning capacity, we must disagree, however, with the commission in directing the deputy commissioner upon remand “to appoint a disinterested orthopedist to examine the claimant and submit a report with respect to claimant’s orthopedic disability to the right hand, leg or to the body as a whole.” It is our view that this cause should be returned to the deputy commissioner with directions to take such additional testimony as he may think advisable in order that he might be in a position to make a specific finding with reference to the percentage of diminution of wage earning capacity and that said deputy commissioner should not be limited to receiving the testimony of another orthopedist. The deputy should, of course, make *644findings in this case in accordance with this court’s directions in Hardy v. City of Tarpon Springs, Fla., 81 So.2d S03.
Upon close scrutiny of the full commission’s order we have determined that this matter is not ripe for our determination upon the merits. An order of the full commission may not be reviewed by this court unless it is final in character. Consequently, the petition herein is denied for the reason that the order of the full commission is not final.
It is so ordered.
ROBERTS, C. J., HOBSON, DREW and O’CONNELL, JJ., and S.COTT, Circuit Judge, concur.
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Patrylo v. Nautilus Hotel & Fla. Indus. Comm'n, 142 So. 2d 279 (Fla. 1962)…the provisions of Section 440.15(3) (u). See Sherman v. Peoples Water and Gas Co., 1962, Fla., 138 So. 2d 745. In announcing our position regarding the reviewability of the subject order, we have not overlooked Bachelder v. Four Way Nursery, Fla., 136 So. 2d 643. Although some of the language of that decision would indícate a view contrary to the one which we here announce, it should be noted that, in actuality, the court considered the merits [*283] of the order there under review. To the extent that the l…
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Sterling Equip. Mfg. Corp. & Aetna Cas. & Sur. Co. v. MAY, 144 So. 2d 305 (Fla. 1962)…seek review of the commission’s order. At oral argument before us the respondent-claimant argued that the order of the commission was not such a final order as to be entitled to review by this Court, citing Bachelder v. Four Way Nursery, Fla. 1962, 136 So. 2d 643. We have carefully considered this argument and have concluded that the commission’s order does possess sufficient finality to be entitled to review here because if left standing it would conclude one or more essential elements of the cause. See Pa…
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Liquori v. Heftler Constr. Co., 160 So. 2d 113 (Fla. 1963)…y in nature, we conclude that the petition here is premature and should be dismissed ex mero motu, without prejudice to a consideration of any issue [*114] properly raised upon final disposition of the claim. Bachelder v. Four Way Nursery, Fla.1962, 136 So. 2d 643; Steele v. Johnston, Fla.1962, 143 So. 2d 36. It is so ordered. DREW, C. J., and TERRELL, THOMAS, O’CONNELL and CALDWELL, JJ., concur.…
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