ANNA LANCOS, PETITIONER,
v.
BILTMORE TERRACE HOTEL, CONSOLIDATED MUTUAL INSURANCE CO., AND FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS

Fla. | 1967-07-12
No. 36361
O’CONNELL, C. J., and THOMAS, THORNAL, CALDWELL and ERVIN, JJ., concur.
201 So. 2d 727 Florida Supreme Court (1967) Negative Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

By petition for a writ of certiorari we have for review an order of the Florida Industrial Commission bearing date March 14, 1967.

We find that oral argument would serve no useful purpose and it is therefore dispensed with pursuant to Florida Appellate Rule 3.10, subd. e, 31 F.S.A.

Our consideration of the petition, the record and briefs leads us to conclude that there has been no deviation from the essential requirements of law.

The petition is therefore denied.

The petition for attorneys’ fees is also denied.

It is so ordered.

O’CONNELL, C. J., and THOMAS, THORNAL, CALDWELL and ERVIN, JJ., concur.


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  • Hermansen v. Webster Outdoor Advertising Co., 230 So. 2d 145 (Fla. 1969)
    …al disability, its statement that there was no merger because the claimant’s leg condition “was in no way affected by his compensable injury of November 24, 1965” is contrary to the rule announced in Davis v. Conger Life Insurance Company, Fla.1967, 201 So. 2d 727, and similar cases. In the Davis case we said that reinjury of a previously injured part of the body is not the only way that merger can occur:— “Merger can result from successive injuries to separate parts of the body which have the combined total…
  • …h his pre-existing permanent physical impairment to cause a greater disability than would have resulted from the injury alone” (F.S. § 440.49(4) (a), F.S. A.) is necessary as a predicate to any reimbursement. See Davis v. Conger Life Ins. Co., Fla., 201 So. 2d 727. In the instant Fund case, Judge Harrington found from the evidence that part of Deputy Commissioner Teller’s 28 per cent ratings of Fred Hunt’s permanent partial physical impairment (which was compensated for by the carriers’ payments) arose from…
  • …unty proved that the claimant’s disability is attributable, by specific percentages, to her successive injuries; however, as the county acknowledges, this does not prove that a merger has occurred. See Davis v. Conger Life Insurance Company, et al., 201 So. 2d 727 (Fla.1967). To establish a merger, there must be evidence that the claimant’s overall disability rating is greater than the sum of her permanent partial disability ratings. Bordo Citrus Products, et al. v. Varnadore, 395 So. 2d 260 (Fla. 1st DCA 198…

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