LEWIS MANUFACTURING COMPANY, EMPLOYER, AND THE TRAVELERS INSURANCE COMPANY, CARRIER, PETITIONERS,
v.
WILLIE BROWN, EMPLOYEE, AND THE FLORIDA INDUSTRIAL COMMISSION, AN ADMINISTRATIVE AGENCY, RESPONDENTS
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.
The Florida Supreme Court reversed the Industrial Commission's reversal of a deputy's order dismissing an employee's petition for modification of a workers' compensation award due to lack of prosecution. The Court held that the employee's failure to file a timely petition for extension and multiple postponements supported dismissal under the Industrial Commission's Rules of Procedure.
The Court held that the deputy properly dismissed the petition for lack of prosecution under the Industrial Commission's Rules. The Commission erred in finding waiver of the procedural rule based on the parties' conduct, as the chronology of events supported the dismissal order and the belated filing of an extension petition did not alter this conclusion.
“the commission erred in finding, upon this record, that the motion must be denied because of waiver of the rule by "conduct of the parties, such as a failure to timely assert the rule, as is apparent in the instant case."”
The Court explained why the Commission's waiver rationale was erroneous and unsupported by the record.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWillie Brown filed a petition to modify a 1958 permanent partial compensation award. The final hearing was initially scheduled for November 9, 1964, b…
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.
Explore caselaw by topic → Browse Waiver Of Rules cases and more on FLexlaw
Upon consideration of the petition for certiorari and the record, briefs and argument of the parties in this cause, we conclude that the commission erred in reversing the order of the deputy herein.
Claimant’s petition for modification of a 1958 permanent partial compensation award, following several earlier unsuccessful petitions, was scheduled for final hearing on November 9, 1964. This and several intervening scheduled hearings were can-celled or postponed at the request of claimant over a period of more than a year. At hearing on the merits conducted November 18, 1965, a motion to dismiss for lack of prosecution was presented by carrier’s counsel and later renewed. Upon a finding that no petition for extension of time had been filed by petitioner within 90 days from the date initially set for final hearing, recitation of the above and other circumstances involved in attempted settlement of the claim, and “upon consideration of all the evidence and other factors,” the deputy concluded that the motion to dismiss the petition should be granted, without prejudice, for lack of prosecution under Rules 3 and 111 of the Florida Industrial Commission’s Rules of Procedure.
While the order was properly reviewed as one finally disposing of the modification petition, the commission erred in finding, upon this record, that the motion must be denied because of waiver of the rule by “conduct of the parties, such as a failure to timely assert the rule, as is apparent in the instant case.” The chronology of events recited by the deputy amply supports the order of dismissal, and the filing of a petition for extension of time by claimant in this case after lapse of the period set by the rule does not in the circumstances require a contrary result.
The writ is accordingly issued, the order of the commission is quashed, and the cause remanded with directions that the order of the deputy be reinstated.
THORNAL, C. J., and THOMAS, ROBERTS and O’CONNELL, JJ., concur.