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196 So. 2d 418

Fleischer's, Inc. v. Bryant

Supreme Court of Florida

Decided February 22, 1967

Supreme Court of Florida · decided 1967-02-22

Cited by 2 later decisions — most recently October 1971

2 state decisions

Relies on 81 So. 2d 503 - Hardy v. City of Tarpon Springs · 190 So. 2d 765 - Hammersla v. Price

Good law ✅— No negative treatment on recordhow we know

Decided 1967-02-22

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DREW, Justice.

¶1By petition and cross-petition for writ of certiorari we have for review an order of the Florida Industrial Commission vacating an order of the deputy and remanding for determination anew.

¶2 Claimant in this case suffered two successive back injuries in his employment as a painter. The deputy in a carefully prepared and thoroughly documented compensation order found that the second injury produced only temporary aggravation of claimant’s disability and that “his condition returned generally to what it was prior to the December 11, 1961 accident,” (the second accident). This finding was based upon adequate record evidence of a substantial and competent quality and the Commission’s redetermination to the contrary was clearly beyond the scope of its authority on review. Hardy v. City of Tarpon Springs, Fla.1955, 81 So.2d 503; Hammersla v. R. H. Price, et al., Fla.1966, 190 So.2d 765.

¶3We conclude also that, consistent with the finding of temporary aggravation, the deputy’s limitation of medical responsibility for the second injury to the period immediately following the accident, and the *419award of temporary disability compensation for two weeks fairly attributable to the second injury, is supported by the record and must be sustained.

¶4The order of the full commission is quashed and the cause remanded with directions that the award of the deputy be reinstated.

¶5It is so ordered.

O’CONNELL, CALDWELL and ERVIN, JJ., and McCORD, Circuit Judge, concur.THORNAL, C. J., and THOMAS, J., dissent.
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