SHELL'S CITY, INC. AND BITUMINOUS CASUALTY CORPORATION, PETITIONERS,
v.
BETTY LOU COLES AND FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS

Fla. | 1962-10-12
No. 31780
ROBERTS, C. J., O’CONNELL and CALDWELL, JJ., and WILLIS, Circuit Judge, concur.
145 So. 2d 489 Florida Supreme Court (1962)

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.

Synopsis

Shell's City, Inc. and its insurer sought review of a workers' compensation award of 15% permanent partial disability to an employee. The Florida Supreme Court denied certiorari, holding that the employer failed to properly present its arguments about statutory wage calculation methods in its application for review.


Holding

The court concluded the commission properly affirmed the finding of 15% permanent partial disability. However, the court held that the employer's arguments regarding misapplication of the statutory wage calculation formulas were not properly presented in the application for review and therefore could not be considered on certiorari review.


Key Quotes

“based upon all the evidence and testimony presented in this cause, and upon the claimant's industrial experience, her age, her physical condition, and her education [claimant] has a fifteen per cent permanent partial disability of the body as a whole, based on loss of wage earning capacity, as a result of her industrial accident of October 8, 1960.”

The commission's finding affirming the 15% permanent partial disability award, setting out the factors considered in the disability determination.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Claimant Betty Lou Coles sustained an industrial accident on October 8, 1960. A deputy awarded her 15% permanent partial disability compensation based…

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.


Opinion of the Court
DREW, Justice.

DREW, Justice.

An award of 15% permanent partial disability compensation has been granted by the deputy in this proceeding and affirmed by the full commission. The employer and carrier, in their petition for review by cer-tiorari, contend that there is no -competent substantial evidence of diminished earning capacity to sustain the award, and that the deputy erred in rejecting evidence of earnings of another employee under F.S. § 440.-14, F.S.A.,1 and computing claimant’s wages instead at the rate of her actual earnings for less than the requisite 13-week period.

We conclude that the commission properly affirmed the finding that “based upon all the evidence and testimony presented in this cause, and upon the claimant’s industrial experience, her age, her physical condition, and her education [claimant] has a fifteen per cent permanent partial disability of the body as a whole, based on loss of wage earning capacity, as a result of her industrial accident of October 8, 1960.” A resumé of this evidence, fully detailed in the deputy’s order, would in the circumstances of this case serve no useful purpose.

Upon the record before us, the alleged misapplication of the formulas prescribed by Sec. 440.14, supra, cannot in our opinion be properly argued at this point. “The statute is very clear on the point: ‘ * * * the application must state concisely and particularly the grounds upon which the appellant relies, and the consideration of the commission thereof will be confined solely to the grounds so presented.’ ” 2 Other than assertions as to lack of evidentiary support for the award of compensation and attorneys’ fees, the application for review filed with the commission in this case contains only the general allegation that “the compensation order is contrary to the law, contrary to the evidence and contrary to both the law and the evidence.” This, we believe, is patently inadequate to present the point now urged. The commission’s order contains no such reference and does not upon this record imply any consideration or disposition of the question so as to authorize review by certiorari in this Court.

Certiorari denied.

ROBERTS, C. J., O’CONNELL and CALDWELL, JJ., and WILLIS, Circuit Judge, concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw