Vaughn v. International Co.

Florida District Courts of Appeal
Vaughn v. International Co., 102 So. 2d 825 (1958)
1958 Fla. App. LEXIS 2860
Carroll, Chas, Horton, Pearson

Vaughn v. International Co.

Opinion of the Court

CARROLL, CHAS., Chief Judge.

In a workmen’s compensation matter, the petitioner was awarded compensation by a deputy commissioner on his finding and adjudication of permanent total disability. On review, the full commission accepted the finding, and “agreed” on the total disability as found by the deputy commissioner, but reversed the deputy’s order and directed that as a preliminary to an adjudication of the permanency of such disability the claimant should be subjected to rehabilitation procedures as provided for under section 440.49, Fla.Stat., F.S.A.

The question of the correctness of the commission’s order is controlled by our decision rendered in Case No. 58-120, entitled Stewart v. Board of Public Instruction, Fla.App.1958, 102 So.2d 821, in which we held that under section 440.49, Fla. Stat., F.S.A., the rehabilitation procedure provided for is to follow rather than to precede adjudication of permanency of the disability. On the opinion and authority of that case the petition for certiorari herein is granted, and the order of the commission to which it is directed is quashed, and the cause is remanded for the entry of an appropriate order by the commission not inconsistent with this opinion.

HORTON and PEARSON, JJ., concur.

Reference

Full Case Name
Mae VAUGHN v. The INTERNATIONAL CO., Inc., Empress Hotel and Self-Insured, Corporate Group Service and the Florida Industrial Commission
Cited By
2 cases
Status
Published