MARSIGLIA

v.

EASTERN AIR LINES, INC. AND FLORIDA INDUSTRIAL COMMISSION

Citator

Cited By

• S. Bell Tel. & Tel. Co. & Fla. Indus. Comm'n v. Bell, 116 So. 2d 617 (Fla. 1959)
  …n Ball v. Mann, supra, is found in the apparent adoption by the district court of the rule or presumption established by the full commission in the case of Marsiglia v. Eastern Air Lines, Inc., 1 Fla.Comp.Rep. 77, at page 79 (certiorari denied Fla., 85 So. 2d 762). While it is so well established as not to require explanation, we point out here again that denial of certiorari by an appellate court cannot be construed as a determination of the issues presented in the petition therefor and cannot be utilized a…
• Garris v. Weller Constr. Co., 132 So. 2d 553 (Fla. 1960)
  …he claimant’s disability based on a loss of earning capacity.” It appears from this statement that the deputy relied upon the decision of the respondent commission in Marsiglia v. Eastern Air Lines, Inc., 1 Fla. Comp.Rep. 77, certiorari denied Fla., 85 So. 2d 762. However, in Southern Bell Telephone and Telegraph Co. v. Bell, supra, we held that with reference to unscheduled injuries the percentage of loss of earning capacity is not to be presumed merely from the percentage of functional disability. It may b…
• Bell v. S. Bell Tel. & Tel. Co. & Fla. Indus. Comm'n, 108 So. 2d 483 (Fla. 3d DCA 1959)
  …308.” The Ball case rejected functional disability alone as the basis for an award allowable under the statute only for diminution of earning capacity. In Marsiglia v. Eastern Air Lines, Inc., 1 Fla.Comp.Rep. 77 at page 79 (certiorari denied Fla., 85 So. 2d 762), the commission said : “Presumptively, a functional disability, will, sooner or later, result in a loss of earning capacity. In the absence of sufficient rebutting evidence, the claimant’s [*485] percentage of functional loss will be presumed to b…