HOWARD JOHNSON, INC. OF FLORIDA, ET AL., PETITIONERS,
v.
ANGELA ESCOBEDO ET AL., RESPONDENTS
McCAIN, Justice.
This case arises under a fact situation similar to International Brotherhood of Electrical Workers, Local 349 v. Albury, Fla., 299 So. 2d 581, presenting this same issue for determination by this Court: i. e. whether the JIC has authority to dismiss a claim for failure to comply with an order requiring the claimant to report for a physical re-examination. We held in Albury that the JIC does have that authority under our earlier pronouncement in John Gaul Construction Company v. Harbin, 247 So. 2d 33 (Fla. 1971) and for that reason we reverse the decision of the IRC in this cause and remand for reinstatement of the order of the JIC.
It is so ordered.
ROBERTS, Acting C. J., ERVIN and BOYD, JJ., and HENDRY, District Court Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Chittick v. E. AIR Lines, Inc., 403 So. 2d 595 (Fla. 1st DCA 1981)…r had been entered by the deputy commissioner compelling the claimant to attend his deposition. Accord, International Brotherhood of Electrical Workers, Local 349 v. Albury, 299 So. 2d 581 (Fla.1974), and Howard Johnson, Inc. of Florida v. Escobedo, 299 So. 2d 582 (Fla.1974), reaffirming Harbin, supra, provided the claimant is afforded procedural due process rights such as notice and a hearing prior to the dismissal of a claim. [*597] Additionally, contrary to claimant’s argument, the deputy commissioner was…
Authorities Cited
- SAM Newey & Assocs. v. Rust Craft Broad. Co., 247 So. 2d 33 (Fla. 1971)
- John Gaul Constr. Co. & Highlands Ins. Co. v. Leslie Harbin & the Indus. Relations Comm'n, 247 So. 2d 33 (Fla. 1971)
- Int'l Bhd. OF Elec. Workers v. Grover Albury & the Fla. Dep't of Commerce, 299 So. 2d 581 (Fla. 1974)