Rehearing
On Rehearing
Petition for rehearing was granted to petitioners, S & J Mercury Cab and Columbia Casualty Company, in order to correct an obvious and fundamental error. .
The deputy commissioner found the claimant to be permanently and totally disabled, but also found that only sixty per cent of this disability was attributable to claimant’s injury. However, the deputy ordered compensation to the claimant at the rate of $30.48 per week. This is error and the compensation payable to claimant when properly apportioned is $18.29 per week instead of $30.48. See Cook & Pruitt Masonry, Inc., v. Leonard, Fla., 149 So.2d 544.
The order of the full commission is quashed with directions to remand this
It is so ordered.
Lead Opinion
By petition for a writ of certiorari and cross petition for certiorari we have for review an order of the Florida Industrial Commission bearing date October 25, 1963.
We find that oral argument would serve no useful purpose and it is therefore dispensed with pursuant to Florida Appellate Rule 3.10, subd. e, 31 F.S.A.
Our consideration of the petition and cross-petition, the record and briefs leads us to conclude that there has been no deviation from the essential requirements of law.
The petition and cross-petition are therefore denied.