Florida Industrial Commission v. Peninsular Life Ins. Co.
| Decision Date | 08 December 1942 |
| Parties | FLORIDA INDUSTRIAL COMMISSION et al. v. PENINSULAR LIFE INS. CO. |
| Court | Florida Supreme Court |
Rehearing Denied Jan. 8, 1943.
Appeal from Circuit Court, Duval County; Miles W. Lewis judge.
Burnis T Coleman and John P. Mack, both of Tallahassee, and S. Sherman Weiss, of St. Petersburg, for appellants.
Milam McIlvaine & Milam, of Jacksonville, for appellee.
Charles C. Brand an insurance agent, working for appellee on commission basis became unemployed and filed his claim for unemployment compensation. It was denied by the Florida Industrial Commission but on appeal was approved by the Appeals Referee and the Board of Review. This appeal is from the judgment of the circuit court reversing the judgment of the Board of Review.
The first question presented is, (1) whether departmental interpretations of the Federal Social Security Act, 42 U.S.C.A. § 301 et seq., as to who are employees and employers is binding on the courts, (2) whether such interpretations of the definitions of 'employment' are within the meaning of the Florida Unemployment Compensation Act and (3) whether departmental interpretations of the Federal Act made after the Florida Act becomes effective are binding on the courts of the state.
This question is so academic that it would hardly seem necessary to devote much space to an answer. It is within the province of the legislature to approve or disapprove administrative interpretations of a State or Federal Act that are in effect at the time the legislature acts but it would not be competent for the legislature to approve administrative interpretations of a Federal or other act to be promulgated in the future.
An inspection of Section 3, subd. E, par. VI(i), Chapter 18402, Acts of 1937 and the same section of Chapter 19637, Acts of 1939, Florida Social Security Act, can leave no doubt that the legislature adopted the Federal regulations in prescribing who are 'employers' and 'employees'. Then by Chapter 20685, Acts of 1941, the legislature in terms exempted all insurance agents compensated on a commission basis from the provisions of the act. In our view, Regulation 90, Article 205 of the Treasury Department of the United States having been approved by the Florida Social Security Act was ample for this purpose so Chapter 20685, Acts of 1941, as to that was mere surplusage. Hutchins v. Mayo, 143 Fla. 707, 197 So. 495, 133 A.L.R. 394.
The fourth, fifth, sixth, and seventh questions have to do with applications of the Florida Unemployment Compensation Act to various situations that become unnecessary to treat in view of what we have said in answer to the first question. A reading of the judgement appealed from does not convince us that the court below gave consideration to these questions when he entered the decree appealed from.
The last question argued has to do with that of whether or not the definition of 'employment' and 'wages' as applied in the Florida Unemployment Compensation Act did not in fact enlarge upon the common-law concept...
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