Russell v. Bass
| Decision Date | 16 December 1958 |
| Docket Number | No. A-454,A-454 |
| Citation | 107 So.2d 281 |
| Parties | Jessle Lee RUSSELL, as Administratrix of the Estate of Eulie W. Russell, Deceased, Petitioner, v. Edward N. BASS, d/b/a Havana Truck Terminal, Havana, Florida, Employer; American Hardware Mutual Insurance Company, Carrier; Florida Industrial Commission, Respondents. |
| Court | Florida District Court of Appeals |
Horne & Rhodes, Tallahassee, for petitioner.
Keen, O'Kelley & Spitz, Tallahassee, for respondents.
In a proceeding under the Workmen's Compensation Law an order was entered awarding disability benefits, payable in installments, to Eulie W. Russell, the employee, who then filed with the Deputy Commissioner a petition under Section 440.20(10) Florida Statutes, F.S.A., for an order requiring a lump sum payment to be made in lieu of installment payments.
In the case of Sullivan v. Mayo, Fla.App., 106 So.2d 4, filed subsequent to the orders involved in this proceeding, we held that under the Workmen's Compensation Law deputy commissioners have no jurisdiction beyond that specifically conferred by statute, and that they have no authority to adjudicate an application for a lump sum payment in lieu of installment payments. We further held that under Sec. 440.20(10), F.S., F.S.A., it is the sole prerogative of the Full Commission to adjudicate such applications, although the Commission may delegate to a deputy commissioner or any other duly authorized representative or subordinate agent the duty of conducting a hearing and making recommendations on such issues under such reasonable rules and regulations as it may promulgate. Not having the benefit of our holding in that case, the Deputy Commissioner, without authority so to do, entered what purports to be an order granting the mentioned petition of the employee for a lump sum payment. Within seven days thereafter, and prior to payment of any disability benefits, the employee died from causes unrelated to the compensable injury. The employer and his insurance carrier under the Workmen's Compensation Law then petitioned the Deputy Commissioner to rescind his last mentioned order and direct that disability benefits be paid on the installment basis as originally required and only in such amount as had accrued prior to the employee's death. That petition was resisted by the administratrix of the estate of the deceased employee, in her relation as the successor in interest to his disability benefits, and the Deputy Commissioner-again acting without authority-entered what purports to be an order denying the petition.
On review by the Florida Industrial Commission of the action of the Deputy Commissioner in denying the last mentioned petition of the employer and its insurance carrier, the full Commission entered an order which had the effect of reinstating the original order awarding disability benefits on an installment...
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Brantley v. ADH Bldg. Contractors, Inc.
...It is an essential concomitant of the compensation awarding process. Sullivan v. Mayo, 121 So.2d 424 (Fla.1960); Russell v. Bass, 107 So.2d 281 (1st Dist.Ct.App.Fla.1958); Westinghouse Elec. Supply Co. v. Reagan, 159 So.2d 222 We have the view, therefore, that the compensation order in the ......
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Beatty v. Custom Audio Distributors, Inc., 93-158
...Robert Williams and Mark K. Eckels of Boyd & Jenerette, P.A., Jacksonville, for appellees. PER CURIAM. Affirmed. See, Russell v. Bass, 107 So.2d 281 (Fla. 1st DCA 1958); Rogers v. Concrete Sciences, Inc., 394 So.2d 212 (Fla. 1st DCA 1981); Davis v. Sun Banks of Orlando, 412 So.2d 937 (Fla. ......
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Bingham v. Florida Chip Steak Co., BL-13
...to enforce the settlement agreement. The petition was denied. This case is controlled by this court's decisions in Russell v. Bass, 107 So.2d 281 (Fla. 1st DCA 1958), and Rogers v. Concrete Sciences, Inc., 394 So.2d 212 (Fla. 1st DCA 1981), both of which held that a lump-sum settlement agre......
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Grant-Sholk Const. Co., Inc. v. Moore, GRANT-SHOLK
...(272 So.2d 224), which allegedly conflicts with a prior decision of the District Court of Appeal, First District (Russell v. Bass, 107 So.2d 281 (Fla.App.1st, 1958)), on the same point of law. We have jurisdiction pursuant to Fla.Const., art. V, § 3(b)(3), Petitioner was the employer-carrie......