MARK SCHAFER, PETITIONER,
v.
ST. ANTHONY'S HOSPITAL ET AL., RESPONDENTS
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The court held that the Industrial Relations Commission's order was not a final disposition and denied the petition for writ of certiorari.
A claimant sought review of an Industrial Relations Commission decision that reversed and remanded a lost wage-earning capacity determination. The Com…
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OVERTON, Justice.
Petitioner, as claimant, seeks review of an Industrial Relations Commission decision which reversed and remanded this cause to the Judge of Industrial Claims for “reconsideration” of the claimant’s lost wage-earning capacity. The Commission held the petitioner’s testimony was not competent as it concerned his loss of wage-earning capacity when coupled with his failure to respond to offers to discuss available jobs with the employer. It further held that the Judge of Industrial Claims failed to fully apply the criteria set forth in Walker v. Electronic Products & Engineering Company, 248 So. 2d 161 (Fla.1971), recently reaffirmed in Tropicana Pools, Inc. v. Truex, 287 So. 2d 71 (Fla.1973), and did not detail adequately the reasons for his findings and conclusions.
We interpret the Commission’s order as a remand requiring the taking of further evidence and a direction to the Judge of Industrial Claims to be more explicit in his grounds for his findings and conclusions.
The fact that this record might contain substantial competent evidence to support the findings of the Judge of Industrial Claims does not prohibit the Commission from requiring the Judge to take further evidence and make more expansive findings to assure a just result. The Commission possesses inherent authority to direct its finders of fact to meet the issues presented in each claim with answers as fully developed in fact as its quasi-judicial supervisory function and judicial economy require. Section 440.25(4) (d), Florida Statutes (Supp.1974).
The order of the Industrial Relations Commission does not appear to be a final disposition of this cause. Viewing the proceedings in this context, the petition for writ of certiorari is denied. The petition for attorney’s fees is denied.
It is so ordered.
ROBERTS, BOYD, ENGLAND, SUNDBERG and HATCHETT, JJ., concur. ADKINS, C. J., dissents.
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Vargas v. Americana OF BAL Harbour, 345 So. 2d 1052 (Fla. 1976)…desire. . Chicken 'N' Things v. Murray, 329 So. 2d 302 (Fla.1976) (IRC upholding JIC’s findings); Brown v. Clifford Shover Bldg., Inc., 328 So. 2d 838 (Fla.1976) (IRC remanding for more complete recitation of facts); Schafer v. St. Anthony's Hosp., 327 So. 2d 221 (Fla.1976) (IRC remanding for more complete recitation of facts); Mahler v. Lauderdale Lakes Nat’l Bank, 322 So. 2d 507 (Fla.1975) (IRC reversing JIC’s findings). . Brown v. Griffin, 229 So. 2d 225 (Fla.1969). . See Section 20.17(6), Fla.Stat. (19…
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Buro v. Ding's Southland Meats, 354 So. 2d 874 (Fla. 1978)…r job opportunities in the open employment market. Port Everglades Terminal Co. v. Canty, 120 So. 2d 596 (Fla.1960). Respondents would justify the order of the Industrial Relations Commission upon the authority of Schafer v. St. Anthony’s Hospital, 327 So. 2d 221 (Fla.1976). Respondents’ reliance on this decision is misplaced. First, there is a factual dissimilarity between Schafer and this case. The testimony of the claimant in Schafer was not competent as it concerned his loss of wage earning capacity, “wh…
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Thelmon Brown v. Clifford Shover Bldg., Inc., 328 So. 2d 838 (Fla. 1976)…facts. Pierce v. Piper Aircraft Corp., 279 So. 2d 281 (Fla.1973). The award of compensation is supported by substantial competent evidence and its basis is sufficiently explained. This case bears no similarity to Schaefer v. St. Anthony’s Hospital, 327 So. 2d 221 (Fla., Opinion filed February 11, 1976), in which the Commission had remanded to the Judge of Industrial Claims for additional findings of fact. The petition for the writ of certiorari is granted and the order of the Commission is reversed. This ca…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- THE Florida BAR v. Lemlich, 248 So. 2d 161 (Fla. 1971)
- Tropicana Pools, Inc. v. Harry L. Truex & the Indus. Relations Comm'n of the Fla. Dep't of Commerce, 287 So. 2d 71 (Fla. 1973)