CITY OF HIALEAH, A MUNICIPAL CORPORATION, PETITIONER,
v.
JAMES HUTCHINS, RESPONDENT

Fla. | 1965-05-05
No. 33786
DREW, C. J., and THORNAL, O’CON-NELL, CALDWELL and ERVIN, JJ., concur.
174 So. 2d 743 Florida Supreme Court (1965) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Certiorari is denied on authority of our opinion in City of Miami v. Simpson, Fla., 172 So.2d 435. See also Fisher v. City of Miami et al., Fla., 172 So.2d 455.

It is so ordered.

DREW, C. J., and THORNAL, O’CON-NELL, CALDWELL and ERVIN, JJ., concur.


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  • …wever, our review of the record compels us to conclude that this order is not totally lacking in competent substantial evidentiary support. It is true that the burden of proof to establish a change rests upon the claimant. Felix v. Lawnlite Company, 174 So. 2d 743 (Fla.1965). This burden may be discharged by submission of competent, substantial evidence reflecting the change. The rules governing the acceptability and weight of evidence in the initial claim proceeding are equally applicable to a modification p…
  • Arnold v. Stroud, 221 So. 2d 729 (Fla. 1969)
    …ket is sufficient to entitle Petitioner to the type relief contemplated by F.S. Section 440.28, F.S.A. The operative purposes of Section 440.28, were ably defined by Mr. Justice Drew in his dissenting opinion in Felix v. Lawnlite Company (Fla.1965), 174 So. 2d 743, 745. He said: “Modification provisions are the safety valve of workmen’s compensation acts. Such statutes are fair to both employer and employee. In tort cases a judgment ends the question of the amount of damages and extent of injuries but these…

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