Summary
In Mandel v. Pratt, Fla. 1960, 117 So.2d 413, involving two successive injuries to the same part of the body, the case was remanded to the Deputy Commissioner because he failed to recognize the possibility of aggravation and the resultant necessity for apportionment.
Summary of this case from Young v. Dreamland Bedding CompanyOpinion
January 13, 1960. Rehearing Denied February 16, 1960.
Petition from the Industrial Commissioner.
James T. Earle, St. Petersburg, for petitioners Henry A. Mandel and/or American Cas. Co. of Reading, Pa.
J.A. Lloyd, Jr., St. Petersburg, for petitioner James H. Pratt.
Lloyd Jenkins, St. Petersburg, for respondent James H. Pratt.
James T. Earle, St. Petersburg, for American Cas. Co. of Reading, Pa.
Paul H. Roney, St. Petersburg, for respondents Henry A. Mandel and Phoenix Assur. Co. of New York.
Burnis T. Coleman and Paul E. Speh, Tallahassee, for respondent Florida Industrial Commission.
The above cases come to this Court upon petitions for certiorari directed to an order of the Florida Industrial Commission affirming an order of the deputy commissioner. The petitions were consolidated and heard together.
The claimant below, James H. Pratt, suffered an injury to his low back and spine on October 25, 1956 while in the course of and arising out of his employment by Henry A. Mandel. He was provided with medical care by the Phoenix Assurance Co. of New York, compensation carrier for the employer at the time of the accident. Claimant again suffered an accident while working for the same employer on February 17, 1958. American Casualty Co., carrier at the time of the second accident, provided medical benefits therefor.
A detailed review of the facts would serve no useful purpose. Suffice it to say, the deputy commissioner, after hearing and considering the evidence, decided the claimant suffered permanent partial disability of 10% of the body as a whole based entirely upon the accident of February 17, 1958. Our examination of the evidence, not for the purpose of making fact findings, but for the purpose of ascertaining whether the findings which have been made were supported by the evidence, reveals that, while the evidence offered was competent on the question of the sole liability of the second carrier, it was not substantial and was not in accord with logic and reason.
United States Casualty Co. v. Maryland Casualty Co., Fla. 1951, 55 So.2d 741.
The findings of fact recited in the order reveal that the deputy commissioner did not recognize the possibility of aggravation or the resultant necessity for apportionment between the carriers. Petition for certiorari is granted to petitioner Henry A. Mandel and/or The American Casualty Company of Reading, Pennsylvania, and the order of the full commission is quashed with directions to remand the cause to the deputy commissioner for the entry of an order in accordance with these views. On the further consideration of this matter, the deputy commissioner may, in his discretion, require further evidence on the question of apportioning the award between the carriers. The other petitions here are denied.
THOMAS, C.J., and TERRELL, ROBERTS and O'CONNELL, JJ., concur.