THELMON BROWN, PETITIONER,
v.
CLIFFORD SHOVER BUILDING, INC., ET AL., RESPONDENTS
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.
The Florida Supreme Court granted certiorari to review an Industrial Relations Commission order that remanded a workers' compensation case for more detailed findings of fact. The Court reversed the Commission's order and reinstated the Judge of Industrial Claims' award finding the claimant sustained a 60% loss of earning capacity.
The Court held that the Commission's order remanding the case was improper because the Judge's award was supported by substantial competent evidence and its basis was sufficiently explained in the findings of fact.
[1] An order remanding a case for a more complete recitation of facts is improper when the original award of compensation is supported by substantial competent evidence and i…
[2] A reviewing court should reverse an order of an Industrial Relations Commission that remands a case for additional factual findings if the original award is supported by…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The award of compensation is supported by substantial competent evidence and its basis is sufficiently explained.”
The Court's standard for evaluating whether a Judge of Industrial Claims' award can be remanded by the Commission for additional findings of fact.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe claimant was injured and sought workers' compensation benefits. The claimant contended he was permanently and totally disabled with maximum medica…
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.
Explore caselaw by topic → Browse Loss Of Wage Earning Capacity cases and more on FLexlaw
PER CURIAM.
By writ of certiorari we have before us an order of the Industrial Relations Commission remanding this case to the Judge of Industrial Claims for a more complete recitation of the facts determined by her. After noting the stipulations made by the parties, the Judge made the following findings:
“2. The claimant took the position that he was permanently and totally disabled and that his maximum medical improvement date was to be determined by the court in accordance with the report of Dr. Martin dated April 11, 1974; the carrier took the position that the claimant had sustained an 8 percent permanent partial disability as of March 12, 1974.
3. Glenn Ur, an employment counselor, employed by the Florida State Employment Service testified as to the employment opportunities available to the claimant and the claimant testified about his own employment experience.
The Court having considered the claimant’s limitations as expressed by Dr. Davison, his physical limitations as expressed 1 the two orthopaedic whose reports were received in evidence, the expert opinion of Mr. Ur, the experience of the claimant, and the court having observed the claimant in the hearing room, and considered his the [sic] apparent limitations, finds that the claimant has sustained a 60 percent loss of earning capacity and finds that the date of maximum medical improvement occurred on March 12, 1974, the date upon which Dr. G. A. Martin first assigned an anatomical rating to claimant.”
Our review of the record discloses no valid reason for the Commission’s order reversing the award of compensation and remanding the case to the Judge of Industrial Claims for a more detailed recitation of the 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 case is remanded to the Commission with instructions to reinstate the order of the Judge of Industrial Claims.
ROBERTS, Acting C. J., and ADKINS, BOYD, ENGLAND and SUNDBERG, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Vargas v. Americana OF BAL Harbour, 345 So. 2d 1052 (Fla. 1976)…care, and that past palliative care had been performed without notice to the employer of its need or claimant’s 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…
Authorities Cited
- Pierce v. Piper Aircraft Corp., 279 So. 2d 281 (Fla. 1973)
- Schafer v. ST. Anthony's Hosp., 327 So. 2d 221 (Fla. 1976)