Raul ESCARRA, Petitioner,
v.
WINN DIXIE STORES, INC., Respondent.
Supreme Court of Florida.
*484 Howard N. Pelzner, Miami, for petitioner.
Lally & Miller, Miami, Paul E. Speh and Burnis T. Coleman, Tallahassee, for respondent.
HOBSON, Justice.
This is a petition for writ of certiorari to review an order of thе Florida Industrial Commission reversing an award of compensation entered by a deputy commissioner in favor of the petitioner who was the claimant below. The only issue before this court is whether the deputy properly held that the failure of the claimant to give notice of his injury as required by Section 440.18, F.S.A. was excusable. Section 440.18 provides that notice of injury in writing shall be given by an employee tо an employer within 30 days after the date of injury. Subsection (4) of that section provides:
"Failure to give such notice shall not bar any сlaim under this chapter (a) if the employer (or his agent in charge of the business in the place where the injury occurred) or the сarrier had knowledge of the injury or death and the commission determines that the employer or carrier has not been prejudiсed by failure to give such notice, or (b) if the commission excuses such failure on the ground that for some satisfactory reason such nоtice could not be given; nor unless objection to such failure is raised before the commission at the first hearing of a claim for сompensation in respect of such injury or death. Provided, in case the delay in giving notice is so excused, no compensatiоn shall be payable for aggravation of the injury caused by want of `first aid' or proper medical treatment during such delay, and every presumption shall be against the validity of the claim."
In the case before us it appeared that the claimant, a 17 year old Cuban boy, suffered an injury to his nose when in the course of his employment as a grocery "bag boy" a case of beer which he was attempting to remove from a shelf fell and hit him on the nose. His nose bled and caused him some pain but after he was able to stop the bleeding within about 10 minutes after the accident he thought no more about it. He made no report of the incident to his employer until sеveral months later following consultation with a physician about his difficulty in breathing. The doctor who examined him testified that the claimant wаs suffering from a deformed septum which could have been caused by the accident concerning which the claimant testified.
The deputy commissioner found as a matter of fact that the claimant did not know that he was under a duty to report the accident, and excused his failure to give notice on the basis of this lack of knowledge. *485 The full commission reversed the award of the deputy on the grоund that the findings of the deputy were insufficient as a matter of law to excuse the failure to give notice.
It appears that the deputy erred in his statement of the reasons justifying the claimant's failure to give notice. In effect the deputy excused this failure becаuse of the claimant's ignorance and lack of experience. Under our holding in Tomberlin v. City of Miami, Fla.,
However, unless it can be said that the deputy's holding was erroneous, and not merely the reasons which he gave therefor, his order should not be reversed. It is the settled practice of this court to affirm a decree of the lower court even though it is based on an erroneous ground if the result is justified on any other ground appearing in the record. In Rе Freeman's Petition, Fla.,
In order to give effect to this well established rule we have carefully examined the record and it appears that the deputy specifically found as a matter of fact that the reason the claimant made no mention of his injury at the time of its occurrence was that he thought no more about it. This conclusion of the deputy is supported by competent, substantiаl evidence in the form of the claimant's testimony. Moreover such finding is "not inconsistent with scientific facts of universal notoriety and general understanding." Roberts v. Wofford Beach Hotel, Fla.,
Inasmuch as it appears that the result which the deputy reached in excusing the claimant's failure to give notice was correct, and that this conclusion was supported by competent, substantial evidence, it follows *486 thаt the order of the full commission reversing the deputy is in error. Inasmuch as the commission reversed the deputy's order on the basis of claimant's failure to comply with § 440.18, F.S.A., it did not rule on the other matters raised by the respondent's application for review. In order that such matters may be considered on review the cause is remanded to the Florida Industrial Commission for further proceedings not inconsistent with this opinion.
It is so ordered.
THOMAS, C.J., and TERRELL, ROBERTS and O'CONNELL, JJ., concur.
