Johnnie's Produce Co. v. Benedict & Jordan
| Decision Date | 29 April 1960 |
| Citation | 120 So.2d 12 |
| Court | Florida Supreme Court |
| Parties | JOHNNIE'S PRODUCE COMPANY, Maryland Casualty Company, and Jimmie Kirkland, Petitioners, v. BENEDICT & JORDAN, Liberty Mutual Insurance Company and the Florida Industrial Commission, Respondents. |
Rodney Durrance and Calvin A. Pope of Shackleford, Farrior, Stallings, Glos & Evans, Tampa, for petitioners.
Edwin H. Underwood, Jr., Robert G. Hewitt and Wakefield & Underwood, Miami, Burnis T. Coleman and Paul E. Speh, Tallahassee, for respondents.
The petitioners, Johnnie's Produce Co. and its carrier (the 'second employer' hereafter), have brought here for review on certiorari an order of the Florida Industrial Commission reversing an award made by the Deputy Commissioner in a workmen's compensation case.
The facts are that, in November of 1956 while working for the respondent Benedict & Jordan (the 'first employer'), a concrete block wall fell on claimant, as a result of which he sustained a broken right ankle and other injuries. Voluntary payments of compensation for temporary total disability were made by the first employer's carrier from the date of injury until January 1958, at which time payments were discontinued on the basis of a medical report stating that claimant had reached maximum recovery. He was at this time in jail, where he had been since May 1957. In July of 1958, following his release from prison in March of 1958, claimant filed a claim against the first employer for further compensation and medical benefits. In October of 1958, prior to final hearing on such claim, claimant obtained employment with the second employer, driving a produce truck. On his second trip he jumped from the rear of the truck to the ground, as a result of which he sustained a back injury. He then filed a claim against the second employer for compensation for his back injury.
The Deputy Commissioner heard the evidence on both claims and found (1) that claimant was temporarily totally disabled from November 1956 to October 20, 1958, the date of the second accident; and (2) that claimant's back injury 'was attributable in part to the first accident as being one of the causes of claimant's right foot giving away and causing him to fall to the ground and injuring his back; * * *.' He ordered the first employer to pay compensation to claimant for temporary total disability for the period January total October 20, 1958, and his medical expenses during this period. He ordered the first employer and the second employer to share equally the medical benefits and the compensation due claimant for temporary total disability after October 20, 1958, and during the continuance of such disability.
On review of the award upon application, therefor by the first employer, the Full Commission held that there was no competent substantial evidence to support the finding of the Deputy Commissioner that the claimant was temporarily totally disabled from January 1958 through October 20, 1958. The Commission's ruling in this respect was affirmed by this court, upon petion for certiorari filed by the claimant, in Kirkland v. Benedict & Jordan, 120 So.2d 169.
As to that portion of the Deputy Commissioner's award holding the first employer liable for one-half of the medical and compensation benefits payable to claimant for the temporary total disability resulting from the back injury sustained in the course of his employment by the second employer, the Full Commission ruled that this holding did not accord with the essential requirements of law. The reasons for the Commission's ruling in this respect are stated in its order as follows:
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