Phillips v. City of West Palm Beach
| Court | United States State Supreme Court of Florida |
| Citation | 70 So.2d 345 |
| Parties | PHILLIPS v. CITY OF WEST PALM BEACH et al. |
| Decision Date | 11 December 1953 |
Page 345
v.
CITY OF WEST PALM BEACH et al.
Rehearing Denied Jan. 26, 1954.
Harry Goodmark, West Palm Beach, for appellant.
Burns, Middleton & Rogers, West Palm Beach, for appellee.
HOLT, Associate Justice.
This is a workmen's compensation case. The facts are uncontroverted. The appellant was injured in July, 1945, while an employee of the City of West Palm Beach, Florida. In October, 1951, after appellant had previously received compensation in the amount of $4,279.50 under the workmen's compensation statutes for his injury, appellant's injured foot was amputated. In May, 1952, a deputy commissioner for the Florida Industrial Commission awarded additional compensation for the permanent loss of appellant's injured foot, provided that the total compensation, including compensation previously paid to appellant, should not exceed a maximum duration of 350 weeks, and the total amount should not exceed $5,000. The deputy commissioner's order was affirmed by the full Commission and the Circuit Court of Palm Beach County affirmed the order of the full Commission, hence this appeal by the claimant from the order of the Circuit Court.
It is the contention of appellant that the workmen's compensation statutes in existence at the time a permanent partial disability occurs, governs and controls the duration and total amount of compensation a claimant is entitled to, rather than the
Page 346
statutes in existence at the time the injury occurs; and thus, it was error to limit the payment of compensation to 350 weeks duration and a total amount of $5,000, since these limitations were repealed by the 1951 Legislature, before the amputation of appellant's foot.A perusal of the laws and statutes pertaining to the limitations of the total amount of compensation discloses that the original compensation laws, to wit: Section 20, subsection (m) of Chapter 17481, of the Laws of Florida of 1935, provided as follows:
'The total compensation payable under this Act for injury or death shall in no event exceed the sum of $5,000.'
The Laws of 1937, Chapter 18413, § 9, amended Section 20, subsection (m) of Chapter 17481, supra, as follows:
'The total compensation payable under this Act for injury or death shall in no event exceed the sum of $5,000.00 in addition to any benefits under Section 13 for medical services and treatment and under Section 16(a) for funeral expenses.'
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Tennessee Coal & Iron Division, U.S. Steel Corp. v. Hubbert, 6 Div. 198
...22, Alabama Constitution 1901 (cf. § 95); § 10, Art. 1, Constitution of the United States; Phillips v. City of West Palm Beach, Fla., 70 So.2d 345; Salmon v. Denhart Elevators, 72 S.D. 110, 30 N.W.2d 644; In re Beausoleil's Case, 321 Mass. 344, 73 N.E.2d 461; Warner v. Zaiser, 184 Minn. 598......
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Hood v. State, Workmen's Compensation Bd., 3289
...206 F.Supp. 489, 490 (E.D.Tenn.1962); McPhail v. Latouche Packing Co., 8 Alaska 297, 308 (D.C.Alaska 1931); Phillips v. City of West Palm Beach, 70 So.2d 345, 346 (Fla.1953); Salmon v. Denhart Elevators, 72 S.D. 110, 30 N.W.2d 644, 648 (1948); but see, Price v. All American Engineering Co.,......
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Sullivan v. Mayo
...of New York v. Bedingfield, Fla.1952, 60 So.2d 489; Fink v. Kink, Fla.1953, 64 So.2d 770; Phillips v. City of West Palm Beach, Fla.1954, 70 So.2d 345; Hecht v. Parkinson, Fla.1954, 70 So.2d 505. Applying the rule of the cited cases to the situation before us we are compelled to hold that th......
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Stolzer v. Magic Tilt Trailer, Inc., 1D03-2747.
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