TIERRA VERDE CITY, INC., AND/OR BERLANTI CONSTRUCTION COMPANY, INC., AND EMPLOYERS LIABILITY ASSURANCE CORPORATION, PETITIONERS,
v.
FRED BERLANTI, (DECEASED) AND THE FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS
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The Florida Supreme Court affirmed an Industrial Commission award of death benefits, finding sufficient circumstantial evidence that the deceased employee died in the scope and course of his employment. The court denied the petition for review.
Yes, there was sufficient circumstantial evidence to support the finding that Berlanti's death occurred within the scope of his employment. The additional issues regarding the sufficiency of the order and the propriety of fees were also decided in favor of the respondent.
“The deputy found, upon consideration of abundant circumstantial evidence detailed [*115] in his order, that Fred Berlanti met his death by accident occurring in the scope and course of employment with the petitioner corporation.”
Establishes the deputy commissioner's finding of fact based on circumstantial evidence.
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Join FLexlaw to unlock all legal intelligenceFred Berlanti died, and the Industrial Commission awarded death benefits, finding his death occurred within the scope of his employment with Tierra Ve…
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Petitioner controverts an order of the Industrial Commission affirming an award of compensation for death benefits.
The deputy found, upon consideration of abundant circumstantial evidence detailed *115in his order, that Fred Berlanti met his death by accident occurring in the scope and course of employment with the petitioner corporation. Our review of the record indicates the award predicated on this finding was properly affirmed, upon application of the rule set out in the recent opinion in Melbourne Airways & Air College, Inc. et al. v. Thompson.1 Additional issues presented, relative to sufficiency of the order and propriety of fees awarded, have been determined in respondent’s favor.
The petition is therefore denied.
THORNAL, C. J., ERVIN, J., and WAYBRIGHT, Circuit Judge, concur.
CALDWELL, J., dissents.
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Citator
Authorities Cited
- Melbourne Airways & AIR Coll. Inc. v. Beatrice Thompson & the Fla. Indus. Comm'n, 190 So. 2d 305 (Fla. 1966)