Fournigault v. Jackson Memorial Hospital Standard Acc. Ins. Co.
| Court | United States State Supreme Court of Florida |
| Writing for the Court | TERRELL; DREW |
| Citation | 87 So.2d 102 |
| Parties | Madelline FOURNIGAULT, Petitioner, v. JACKSON MEMORIAL HOSPITAL STANDARD ACCIDENT INSURANCE COMPANY, and FloridaIndustrial Commission, Respondents. |
| Decision Date | 18 April 1956 |
Page 102
v.
JACKSON MEMORIAL HOSPITAL STANDARD ACCIDENT INSURANCE COMPANY, and FloridaIndustrial Commission, Respondents.
Rehearing Denied May 25, 1958.
Nichols, Gaither, Green, Frates & Beckham and Dudley Burton, Miami, for petitioner.
Douglas M. Carlton, Dixon, DeJarnette, Bradford & Williams, Miami, Burnis T. Coleman and Rodney Durrance, Tallahassee, for respondents.
TERRELL, Justice.
At a hearing before the Deputy Commissioner held June 17, 1955, claimant was awarded compensation plus medical expenses, attorneys fees and court costs. July 6, 1955, 19 days after copies of said order were mailed to the parties, the employer-carrier filed application for review of Deputy's order but said application was not filed with the Commission at Tallahassee until July 8, 21 days after its entry. July 6, carrier filed carbon copy of application for review with Deputy Commissioner, 19 days after entry of said order but within 20 days provided by statute. The full Commission denied motion to dismiss application for review, holding that the copy of the application filed with the Deputy within 20 days complied with Rule 4 of the Commission.
Page 103
We are confronted with a petition for certiorari to review the order of the full Commission vacating the order of the Deputy Commission with directions to make further investigation as he may deem necessary in the light of Hardy v. City of Tarpon Springs, Fla.1955, 81 So.2d 503.
Petitioner raises two questions, viz.: (1) Is filing a carbon copy of application for review with the Deputy Commissioner within the time required by the statute compliance with Sec. 440.25(4)(a) when the original is admittedly received in Tallahassee one day late? (2) May the Commission change the statute by rule, particularly Rule 4, the effect of which is to provide that filing with the Deputy shall constitute filing with the Commission at Tallahassee? Respondents also argue two questions, viz.: (1) Certiorari will not lie to review an order of the full Commission which vacates an order of the Deputy Commission and remands the cause for further consideration. (2) Same as (2) raised by petitioner.
Answering respondents' contention that constitutional or common law certiorari lies only to final judgments, decrees or orders, that the order of the full Commission is not such an order and being so petition for certiorari...
To continue reading
Request your trial
-
Chavarria v. Selugal Clothing, Inc., No. 1D00-3467.
...with the Legislature and not with the Industrial Commission or the court); Fournigault v. Jackson Mem'l Hosp. Standard Accident Ins. Co., 87 So.2d 102, 104 (Fla.1956) ("Workmen's compensation is statutory...."). For this reason, court decisions in the area of workers' compensation law, gene......
-
Wilkes & Pittman v. Pittman
...the rule, and to support their attack they cite our decision in Fournigault v. Jackson Memorial Hospital Standard Acc. Ins. Co., Fla., 87 So.2d 102. True we held in that case that the commission would not by rule or regulation supersede those defined by the statute. The petitioners earnestl......
-
Leonard v. Cook & Pruitt Masonry, Inc.
...the statute, the full commission was without authority to consider or amend it. Fourauthority v. Jackson Memorial Hospital, Fla.1956, 87 So.2d 102, and H. W. Sperry, Inc. v. Matthews, Fla.1954, 76 So.2d Section 440.28, Florida Statutes, F.S.A., is not applicable here because, although provi......
-
American Cas. Co. of Reading, Pa. v. All Florida Sur. Co.
...the case. The commission's order must be and is hereby quashed on the authority of Fournigault v. Jackson Memorial Hospital, Fla.1956, 87 So.2d 102, and Sperry v. Matthews, Fla.1954, 76 So.2d In deference to the full commission it should be pointed out that Fournigault v. Jackson Memorial H......
-
Chavarria v. Selugal Clothing, Inc., No. 1D00-3467.
...with the Legislature and not with the Industrial Commission or the court); Fournigault v. Jackson Mem'l Hosp. Standard Accident Ins. Co., 87 So.2d 102, 104 (Fla.1956) ("Workmen's compensation is statutory...."). For this reason, court decisions in the area of workers' compensation law, gene......
-
Wilkes & Pittman v. Pittman
...the rule, and to support their attack they cite our decision in Fournigault v. Jackson Memorial Hospital Standard Acc. Ins. Co., Fla., 87 So.2d 102. True we held in that case that the commission would not by rule or regulation supersede those defined by the statute. The petitioners earnestl......
-
Leonard v. Cook & Pruitt Masonry, Inc.
...the statute, the full commission was without authority to consider or amend it. Fourauthority v. Jackson Memorial Hospital, Fla.1956, 87 So.2d 102, and H. W. Sperry, Inc. v. Matthews, Fla.1954, 76 So.2d Section 440.28, Florida Statutes, F.S.A., is not applicable here because, although provi......
-
American Cas. Co. of Reading, Pa. v. All Florida Sur. Co.
...the case. The commission's order must be and is hereby quashed on the authority of Fournigault v. Jackson Memorial Hospital, Fla.1956, 87 So.2d 102, and Sperry v. Matthews, Fla.1954, 76 So.2d In deference to the full commission it should be pointed out that Fournigault v. Jackson Memorial H......