FOOD MACHINERY CORPORATION, EMPLOYER, AND LIBERTY MUTUAL INSURANCE COMPANY, CARRIER,
v.
EMORY S. BALDWIN

Fla. | 1939-02-24
Buford; and Thomas, J. j., concur., Whitfield, P. J., and Brown and Chapman, J. J., concur in the opinion and judgment.
136 Fla. 369 Florida Supreme Court (1939) Positive Treatment
Also reported at: 186 So. 796
Cited by 7 cases

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.

Synopsis

In this workers' compensation appeal, the Florida Supreme Court upheld the Circuit Court's reversal of an Industrial Commission award limiting Baldwin's disability compensation to a brief period following his 1936 workplace injury. The court clarified procedural requirements for appealing Industrial Commission awards and affirmed the Circuit Court's authority to modify compensation orders based on its independent review of evidence.


Holding

The court held: (1) requesting full Commission review is directory, not mandatory, and a party may appeal directly without it; (2) the Circuit Court has express statutory authority to reverse or modify compensation orders on appeal; and (3) the Circuit Court may independently review evidence and draw different conclusions from those of the Industrial Commission.


Key Quotes

“We construe this provision of the law to vest in the aggrieved party a right to ask the full Commission to review any award made at his instance but that he may in lieu thereof take his appeal direct without a review by the full Commission.”

Establishes that requesting full Commission review is optional, not mandatory, before appealing to Circuit Court

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

On November 2, 1936, Emory S. Baldwin was injured while working as a millwright for Food Machinery Corporation. The Florida Industrial Commission awar…

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.


Opinion of the Court
Terrell, C. J.,

Terrell, C. J.,

— On November 2, 1936, while in the employ of Food Machinery Corporation as a millwright, Emory S. Baldwin was alleged to have been permanently injured. On December 10, 1937, in a proceeding brought under Chapter 17481, Acts of 1935, the Florida Industrial Commission made findings of fact after evidence taken, and entered its judgment awarding Baldwin compensation from November 2, 1936, the date of his injury, to December 22, 1936, on the theory that his disability was limited to that incurred from shock or fright and being so, his claim for compensation was limited by these dates'.

From this order, Baldwin took his appeal direct to the Circuit Court without requesting the Commission to review, its; order. The Circuit Court denied a motion to dismiss on the ground that the Florida Industrial Commission should have been first requested to review its order allowing compensation before appeal. On final hearing, the Circuit Court modified and reversed the order of Florida Industrial Commission. From the latter order, this appeal was prosecuted.

*371Before-taking an appeal-from the finding and judgment of the Florida Industrial Commission, should Baldwin have applied to the full commission for a review of its order and have had that denied or granted may be stated as the first' question presented.

It appears that the award and judgment in this case was made by one member of the Florida Industrial Commission. Section Twenty-five of Chapter 17481, being Lhc Workman’s' Compensation Act, under which the proceeding was prosecuted, provides that if application for review is made within seven days from the date of the notice of the award, the full commission shall review the evidence and make its award accordingly together with its finding of law and fact. Such an application was not made in this case and since the provision for it was directory rather than mandatory, no error was committed.

We construe, this provision of' the law to vest in the aggrieved party a right to ask the full Commission to review any award made at his instance but that he may in lieu thereof take his appeal direct without a review by the full Commission. If the request for review is made, the full Commission is required to make it.

It is next contended that Lhe Circuit Court was without power to modify the compensation order or award, that if erroneous his power was' limited to setting it aside and remanding it with appropriate directions to the Commission.

This contention likewise must fall because Subsection (b) of Section Twenty-seven -of Chapter 17481, Acts of 1935, in terms authorizes the Circuit Judge to reverse or modify the Compensation order provided appeal therefrom is taken within thirty days.

Questions Three, Four, and Five relate to the force and effect of the evidence taken by the Industrial Commission *372and to,what.extent the Circuit Court on appeal is bound by the finding .of the- Industrial Commission.

The evidence ha.s been examined and found to be infected with v.ery.-few conflicts ,on the main issues. The Circuit Judge affirmed the finding and award of the'Florida- Indus-r trial Commission in some respects but.-modified .and .¡reversed it as to others. - To do this, the Circuit Judge was required, to review ,the evidence which he was' fully authorized.- to do. .He concluded that Baldwin’s injuries were permanent and made his award accordingly. The modification and reversal of the award were based on a difference in .conclusion drawn from the evidence by the Circuit Judge from that drawn by..the Industrial Commission.. In this case, the Circuit Judge wrote a. very explicit summary of the: evidence and his; conclusions therefrom which we have examined and found to -be fair, accurate, and well supported.

. It would serve no useful purpose to review the evidence in this opinion. If reference to it be necessary we commend an examination of the opinion of the Chancellor on that' point which is hereby affirmed.

The judgment below is in other respects affirmed.

Affirmed.

Buford; and Thomas, J. j., concur.

Whitfield, P. J., and Brown and Chapman, J. J., concur in the opinion and judgment.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • US Cas. Co. v. Md. Cas. Co., 55 So.2d 741 (Fla. 1951)
    …Firestone Auto Supply & Service Stores v. Bullard, 141 Fla. 282, 192 So. 865; Dixie Laundry et al. v. Wentzell, 145 Fla. 569, 200 So. 860; City of St. Petersburg et al. v. Mosedale, 146 Fla. 784, 1 So. 2d 878." See Food Machinery Corp. v. Baldwin, 136 Fla. 369, 186 So. 796; South Atlantic Steamship Co. of Delaware v. Tutson, 139 Fla. 405, 190 So. 675; Dupree v. Elleman, 139 Fla. 809, 191 So. 65; Cone Bros. Contracting Co. v. Massey, 145 Fla. 56, 198 So. 802. In Florida Forest and Park Service v. Strickla…
  • …etofore adjudicated, no question as to the jurisdiction by statutory appeal of this Court in such cases being presented by the parties in any previous case. Maryland Cas. Co. v. Sutherland, 125 Fla. 282, 169 So. 679; Food Machinery Corp. v. Baldwin, 136 Fla. 369, 186 So. 796; Ocala Mfg. I. & P. Co. v. Preskitt, 136 Fla. 796, 187 So. 168; Cohen v. Sloan, 137 Fla. 335, 188 So. 331; New Ft. Pierce Hotel Co. v. Gorley, 137 Fla. 345, 188 So. 340; Zee v. Gary, 137 Fla. 741, 189 So. 34; Alex. Orr, Jr., v. Fla. Ind…
  • Town of Crescent City v. Green, 59 So. 2d 1 (Fla. 1951)
    …. Firestone Auto Supply & Service Stores v. Bullard, 141 Fla. 282, 192 So. 865; Dixie Laundry et al. v. Wentzell, 145 Fla. 569, 200 So. 860; City of St. Petersburg et al. v. Mosedale, 146 Fla. 784, 1 So. 2d 878." See Food Machinery Corp. v. Baldwin, 136 Fla. 369, 186 So. 796; South Atlantic Steamship Co. v. Tutson, 139 Fla. 405, 190 So. 675; Dupree v. Elleman, 139 Fla. 809, 191 So. 65; Cone Bros. Contracting Co. v. Massey, 145 Fla. 56, 198 So. 802. In Florida Forest and Park Service v. Strickland, supra, w…

Full citator, related cases, and AI research tools

Open in FLexlaw