FLEISCHER'S, INC., ET AL., PETITIONERS, CROSS-RESPONDENTS,
v.
ROBERT L. BRYANT ET AL., RESPONDENTS, CROSS-PETITIONERS
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The Florida Supreme Court reviewed an order from the Florida Industrial Commission that vacated a deputy's compensation order. The court quashed the commission's order, reinstating the deputy's original award.
Yes, the Florida Industrial Commission exceeded its authority. The deputy commissioner's findings were supported by adequate record evidence, and the commission's redetermination was beyond its scope of review.
“This finding was based upon adequate record evidence of a substantial and competent quality and the Commission's redetermination to the contrary was clearly beyond the scope of its authority on review.”
Establishes that the commission overstepped its bounds by overturning findings supported by sufficient evidence.
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Join FLexlaw to unlock all legal intelligenceA claimant suffered two successive back injuries while employed as a painter. The deputy commissioner found that the second injury only temporarily ag…
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By petition and cross-petition for writ of certiorari we have for review an order of the Florida Industrial Commission vacating an order of the deputy and remanding for determination anew.
Claimant in this case suffered two successive back injuries in his employment as a painter. The deputy in a carefully prepared and thoroughly documented compensation order found that the second injury produced only temporary aggravation of claimant’s disability and that “his condition returned generally to what it was prior to the December 11, 1961 accident,” (the second accident). This finding was based upon adequate record evidence of a substantial and competent quality and the Commission’s redetermination to the contrary was clearly beyond the scope of its authority on review. Hardy v. City of Tarpon Springs, Fla.1955, 81 So.2d 503; Hammersla v. R. H. Price, et al., Fla.1966, 190 So.2d 765.
We conclude also that, consistent with the finding of temporary aggravation, the deputy’s limitation of medical responsibility for the second injury to the period immediately following the accident, and the *419award of temporary disability compensation for two weeks fairly attributable to the second injury, is supported by the record and must be sustained.
The order of the full commission is quashed and the cause remanded with directions that the award of the deputy be reinstated.
It is so ordered.
O’CONNELL, CALDWELL and ERVIN, JJ., and McCORD, Circuit Judge, concur.
THORNAL, C. J., and THOMAS, J., dissent.
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Martin v. Coral SEA Phillips 66, 216 So. 2d 8 (Fla. 1968)…vailing rule the full Commission cannot, under the circumstances related, properly reach a different conclusion of the evidence from that of the Deputy. See Creighton v. Sears, Roebuck & Co. (Fla.), 190 So. 2d 762; Fleischer’s Inc. v. Bryant (Fla.), 196 So. 2d 418, and United States Casualty Co. v. Maryland Casualty Co. (Fla.), 55 So. 2d 741. Accordingly, the order of the full Commission is quashed with direction that the Deputy’s order be reinstated. It is so ordered. CALDWELL, C. J., and DREW and THORN A…
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BOX v. State of Fla. Dep't OF Transp., 253 So. 2d 860 (Fla. 1971)…. Casualty Co. v. Maryland Casualty Co., 55 So. 2d 741 (Fla.1951); Hardy v. City of Tarpon Springs, 81 So. 2d 503 (Fla.1955); Vandiver v. Watford, 178 So. 2d 195 (Fla.1965); Hammersla v. Price, 190 So. 2d 765 (Fla.1966); Fleischer’s, Inc. v. Bryant, 196 So. 2d 418 (Fla.1967); and Cornaros v. Carillon Hotel, 235 So. 2d 478 (Fla.1970). The cause is remanded to the Industrial Relations Commission with directions to reinstate the order of the Judge of Industrial Claims. It is so ordered. ROBERTS, C. J., and ER…
Authorities Cited
- Hampton Hardy v. City OF Tarpon Springs, 81 So. 2d 503 (Fla. 1955)
- Hammersla v. Price, 190 So. 2d 765 (Fla. 1966)