MILDRED IRENE CALLAHAN, PETITIONER,
v.
BOARD OF PUBLIC INSTRUCTION, BITUMINOUS CASUALTY CORPORATION, AND THE FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS

Fla. | 1964-11-25
No. 33347
DREW, C. J., and ROBERTS, THOR-NAL, O'CONNELL and BARNS (Ret.), JJ-, concur.
169 So. 2d 35 Florida Supreme Court (1964)

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Synopsis

The Florida Supreme Court denied a petition for certiorari, remanding the case to the Full Commission to correct an inadvertent error in its order. The Full Commission had incorrectly stated that the deputy commissioner denied the claim for permanent partial disability, when in fact it was granted.


Holding

Yes, the Full Commission's order contained an inadvertent error. The deputy commissioner had granted the claim for permanent partial disability, not denied it as stated in the Full Commission's order.


Key Quotes

“In its order of affirmance the Full Commission inadvertently stated that the deputy had denied the claim for permanent partial disability, whereas the deputy's order in fact granted the claim.”

This quote highlights the specific factual error made by the Full Commission in its order.

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Facts & Procedural History

The Full Commission affirmed a compensation order where the deputy commissioner awarded the claimant compensation for a ten percent loss of wage-earni…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

On review by it the Full Commission affirmed a compensation order in which the deputy awarded claimant compensation for a ten per cent (10%) loss of wage earning capacity. In its order of affirmance the Full Commission inadvertently stated that the deputy had denied the claim for permanent partial disability, whereas the deputy’s order in fact granted the claim.

We have carefully considered all other questions raised by claimant and have concluded that they are without merit.

Therefore, the petition for certiorari is denied and the cause remanded to the Full Commission with directions that its order be corrected to show that the deputy’s order granted, rather than denied, the claim for permanent partial disability.

It is so ordered.

DREW, C. J., and ROBERTS, THOR-NAL, O'CONNELL and BARNS (Ret.), JJ-, concur.


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