Barber v. Florida Industrial Commission
Barber v. Florida Industrial Commission
Opinion of the Court
The petitioner Barber asks us to quash an order of the Florida Industrial Commission which reversed an order of the Deputy awarding workmen’s compensation benefits.
When the deputy heard additional testimony after the first remand, he acted within a sound quasi-judicial discretion. The order merely “remanded” the matter; did not preclude the deputy from taking additional testimony. Tampa Electric Co. v. Crosby, Fla., 168 So.2d 70. The action of the deputy was consistent with the order of the Full Commission as well as with the rule announced by this Court in the cited case. It was also consistent with this Court’s first order approving the remand to the deputy for a reexamination of the “extent of the petitioner’s permanent disability.” By these orders he was not directed to find partial disability. On the other hand, he could find the disability'to be total if there was competent substantial evidence to support such a finding.
We have further examined the record and find that there was competent substantial evidence to support the conclusion of the deputy that this claimant is suffering a permanent total disability. A detailed presentation of the evidence would serve no more than support the rule of United States Casualty Co. v. Maryland Casualty Co., Fla., 55 So.2d 741, which we have so often followed.
The decision of the Full Commission is quashed. The cause is remanded with directions to reinstate the order of the deputy Commissioner.
It is so ordered.
Reference
- Full Case Name
- LeRoy BARBER v. FLORIDA INDUSTRIAL COMMISSION, Clark & Clark and the Fidelity and Casualty Company of New York
- Status
- Published