ANGELA DIAZ, PETITIONER,
v.
GLOBE BAG CORPORATION, AETNA CASUALTY AND SURETY COMPANY AND THE FLORIDA INDUSTRIAL COMMISSION, AN ADMINISTRATIVE AGENCY, RESPONDENTS

Fla. | 1969-06-11
No. 38494
ROBERTS, Acting C. J., and DREW, THORNAL, ADKINS and BOYD, JJ., concur.
223 So. 2d 545 Florida Supreme Court (1969)

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Synopsis

The Florida Supreme Court granted certiorari to review an order of the Full Commission, finding that the Judge of Industrial Claims' determination of the date of maximum medical improvement was not supported by substantial evidence. The court quashed the order on this point and remanded for redetermination, while affirming the rest of the order.


Holding

No, the finding of the Judge of Industrial Claims as to the date of maximum medical improvement was not supported by competent substantial evidence.


Key Quotes

“Our consideration of the petition, the record and briefs leads us to conclude that the finding of the Judge of Industrial Claims as to the date of maximum medical improvement is unsupported by competent substantial evidence.”

This quote establishes the court's primary reason for granting certiorari and reversing part of the lower court's order.

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Facts & Procedural History

Angela Diaz, the petitioner, sought review of an order from the Full Commission concerning her industrial claim. The core issue was the date of maximu…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

By petition for writ of certiorari, we have for review an order of the Full Commission bearing date March 12, 1969.

Our consideration of the petition, the record and briefs leads us to conclude that the finding of the Judge of Industrial Claims as to the date of maximum medical improvement is unsupported by competent substantial evidence. Consequently, certi-orari is granted and the Full Commission’s order, to the extent that it affirms this finding, is quashed and the cause is to be remanded by the Commission for a redetermination of the date of maximum medical improvement, with directions to take further evidence if necessary. The remaining portion of the Full Commission’s order is affirmed.

The petition for attorneys’ fees filed by petitioner is granted in the amount of $250.00.

It is so ordered.

ROBERTS, Acting C. J., and DREW, THORNAL, ADKINS and BOYD, JJ., concur.


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