Concord Realty Corp. v. Romano
| Decision Date | 20 May 1947 |
| Citation | 30 So.2d 495,159 Fla. 1 |
| Parties | CONCORD REALTY CORPORATION et al. v. ROMAND et al. |
| Court | Florida Supreme Court |
Appeals from Circuit Court, Dade County; Ross Williams, Stanley Milladge and Charles A. Carroll, Judges.
McKay Dixon & DeJarnette and A. Lee Bradford, all of Miami, for appellants.
Allen Clements, of Miami, and Walter Rountree, of Tallahassee, for appellees.
This is a consolidated appeal from the Circuit Court by an employer and carrier from two orders of the Florida Industrial Commission, one from an order affirming the award on the merits and the other on the ruling of the Commission that the Deputy Commissioner was without jurisdiction to modify his original award while the cause was then pending on appeal in the Circuit Court.
Appellee suffered a serious accidental injury to his foot, which arose out of and in the course of his employment. The Deputy Commissioner found that appellee had been temporarily totally disabled on the date of the accident, March 20, 1945, and ordered that he be paid on such basis. This was done until May 19, 1945, when the attending physician estimated that the maximum recovery had been reached and also estimated the permanent partial disability of the injured foot at 25% and, in consequence of which, appellants have refused to recognize the temporary total disability rate ordered to be paid.
Appellants contend that since such injury was only to the foot, which had reached maximum recovery without an operation, and this member was estimated at 25% to 33 1/3% permanently injured which permanent disability probably would diminish if an operation were had, that this precluded a finding of temporary total disability.
The evidence discloses that though the injury was to the appellee's foot, the effect of it extended to the whole body, due to an injured nerve which had never been repaired.
Where the injury produces such result, and the injured person is so incapacitated that he cannot engaged in any kind of employment and is thereby prevented from earning a livelihood, he is entitled to temporary total disability compensation.
Under workmen's compensation, section 440.02, subsection (9), F.S.1941 F.S.A. the definition of 'disability' is given as follows: "Disability' means incapacity because of the injury to earn in the same or any other employment the wages which the employee was receiving at the time of the injury.'
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Regency Inn v. Johnson
...three cases reveals that neither deals with the question of unavailability of jobs as a cause of wage loss. See, Concord Realty Corp. v. Romano, 159 Fla. 1, 30 So.2d 495 (1947); Clark v. Western Knapp Engineering Co., 190 So.2d 334 (Fla.1966); and City of Hialeah v. Warner, 128 So.2d 611 (F......
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Julian v. Port Everglades Terminal Co., s. 31154
...respectively. The deputy sua sponte modified his order without notice by a new order dated December 5, 1960.2 Concord Realty Corporation v. Romano, 159 Fla. 1, 30 So.2d 495 (1947). To the same effect see 100 C.J.S. Workmen's Compensation § 734 wherein it is stated: 'After proceedings for re......
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Davis v. Combination Awning & Shutter Co.
...here held that the Commission has no jurisdiction to modify an original award while the cause is pending on appeal. Concord Realty Corp. v. Romano, 159 Fla., 1, 30 So.2d 495. Evidently on the theory that a cause of action to change an award which is the subject of an appeal does not accrue ......
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Christian v. Greater Miami Academy
...period of time, during which an employee is, by reason of the injury, totally disabled and unable to work. See Concord Realty Corp. v. Romano, 159 Fla. 1, 30 So.2d 495 (1947). The deputy therefore was not precluded by the law of the case from considering whether claimant was entitled to TTD......