S. & J. MERCURY CAB AND COLUMBIA CASUALTY COMPANY, PETITIONERS,
v.
NATHAN EIBISTER AND THE FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS; NATHAN EIBISTER ET AL., CROSS-PETITIONERS, V. S & J MERCURY CAB ET AL., CROSS-RESPONDENTS
By petition for a writ of certiorari and cross petition for certiorari we have for review an order of the Florida Industrial Commission bearing date October 25, 1963.
We find that oral argument would serve no useful purpose and it is therefore dispensed with pursuant to Florida Appellate Rule 3.10, subd. e, 31 F.S.A.
Our consideration of the petition and cross-petition, the record and briefs leads us to conclude that there has been no deviation from the essential requirements of law.
The petition and cross-petition are therefore denied.
DREW, C. J., and THOMAS, ROBERTS, CALDWELL and ERVIN, JJ., concur.
On Rehearing
Petition for rehearing was granted to petitioners, S & J Mercury Cab and Columbia Casualty Company, in order to correct an obvious and fundamental error. .
The deputy commissioner found the claimant to be permanently and totally disabled, but also found that only sixty per cent of this disability was attributable to claimant’s injury. However, the deputy ordered compensation to the claimant at the rate of $30.48 per week. This is error and the compensation payable to claimant when properly apportioned is $18.29 per week instead of $30.48. See Cook & Pruitt Masonry, Inc., v. Leonard, Fla., 149 So.2d 544.
The order of the full commission is quashed with directions to remand this *137cause to the deputy for entry of an order not inconsistent with this opinion.
It is so ordered.
DREW, C. J., and THORNAL, CALDWELL, ERVIN and HOBSON (Ret.), JJ-, concur.
On Rehearing
PER CURIAM.
Petition for rehearing was granted to petitioners, S & J Mercury Cab and Columbia Casualty Company, in order to correct an obvious and fundamental error. .
The deputy commissioner found the claimant to be permanently and totally disabled, but also found that only sixty per cent of this disability was attributable to claimant’s injury. However, the deputy ordered compensation to the claimant at the rate of $30.48 per week. This is error and the compensation payable to claimant when properly apportioned is $18.29 per week instead of $30.48. See Cook & Pruitt Masonry, Inc., v. Leonard, Fla., 149 So. 2d 544.
The order of the full commission is quashed with directions to remand this cause to the deputy for entry of an order not inconsistent with this opinion.
It is so ordered.
DREW, C. J., and THORNAL, CALDWELL, ERVIN and HOBSON (Ret.), JJ-, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fisher v. Carroll Daniel Fisher Constr. Co., 212 So. 2d 289 (Fla. 1968)…paying full benefits for a percentage of 350 weeks, as in permanent partial disability, or for a percentage of the employee’s life expectancy. See Cook and Pruitt Masonry, Inc. v. Leonard, 149 So. 2d 544 (Fla.1963); S. & J. Mercury Cab v. Eibister, 168 So. 2d 136 (Fla.1964). The cross-petition of Employer-carrier has been duly considered by us. It relates to the point discussed in the previous paragraph and contends that by accepting full benefits at the rate of $35 per week the Claimant is now estopped to…
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S. & J. Mercury CAB & Columbia Cas. Co. v. Nathan Eibister & the Fla. Indus. Comm'n, 190 So. 2d 754 (Fla. 1966)…ed by the full Commission on October 25, 1963. The award was appealed here and on October 21, 1964 this Court remanded the case to the deputy commissioner for entry of an order correcting the compensation rate. S. & J. Mercury Cab v. Eibister, Fla., 168 So. 2d 136. The order of September 28, 1962 as modified by said decision requires payment of compensation benefits for permanent total disability. However, the claimant died on April 9, 1963. The Deputy’s order of September 28, 1962 held with regard to attorne…
Authorities Cited
- Cook & Pruitt Masonry, Inc. v. Leonard, 149 So. 2d 544 (Fla. 1963)