Cook v. Georgia Grocery, Inc.

125 So. 2d 837, 1960 Fla. LEXIS 2071
CourtSupreme Court of Florida
DecidedDecember 19, 1960
StatusPublished
Cited by4 cases

This text of 125 So. 2d 837 (Cook v. Georgia Grocery, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cook v. Georgia Grocery, Inc., 125 So. 2d 837, 1960 Fla. LEXIS 2071 (Fla. 1960).

Opinion

DREW, Justice.

Petitioner, Thomas L. Cook, seeks review of an order of the full commission modifying an order of the deputy commissioner. The modification set a limitation on monthly payments to the admitted permanent total disability claimant for reimbursement of medical care and nursing charges. The full commission also vacated and remanded for further consideration that portion of the award of the deputy allowing claimant’s attorney’s fees.

The question of the award of attorney’s fees is readily disposed of. At the oral argument here the respondents’ attorney stipulated that the amount of the award was reasonable and consented that it be affirmed. Moreover, our conclusion that the modification award of the full commission must be quashed removes the basis of the order and requires its reinstatement.

The questioned order of the full commission determines that the findings of the deputy commissioner1 are supported by [839]*839substantial, competent evidence, which accords with logic and reason, and that the compensation order accords with the essential requirements of law except for two items, i. e. the amount awarded for reimbursement of monies expended for medical care, nursing services and appliances, and the amount of the fee for claimant’s attorney. The latter item is disposed of in the preceding paragraph. The order of the deputy on the former reads as follows:

“(3) Furnish to claimant such medical care and nursing services and appliances in his home as the nature of his condition and care requires, even though the same exceeds the cost of his care in a private nursing home.”

The full commission modified the above portion of the deputy’s order as follows:

“(3) Furnish to claimant such medical care, nursing services and appliances, as the nature of his injury or the process of recovery may require, and pay to claimant the sum of $375 per month as reimbursement for nursing care and attendance.”

With no dispute as to facts our task is to determine whether the full commission properly fulfilled its function with reference to the evidence supporting the findings and the law applied to the findings.2

It now becomes our task to determine if the full commission upon review was charged with the duty and responsibility of making separate findings of fact as we think it did here.3 Prior to 1941, the full commission was charged with the duty and responsibility of making findings of fact and of entering its compensation order. While this responsibility existed then, our interest in such activities on the part of the full commission now is purely historical. This is so because under the present law the deputy commissioner is the only person possessing that power. Once having made such findings and having entered a compensation order, the full commission should adhere to such findings of fact unless there is no competent sub[840]*840stantial evidence to sustain them.4 If it is made to appear the findings of fact are not sustained by competent, substantial evidence, the full commission in its quasi-judicial appellate capacity may affirm, reverse or modify said compensation order, or remand the claim for further proceedings before a deputy commissioner, who shall proceed as the full commission may direct.5

In this case, the full commission, in determining the cost of nursing care and attendance in the claimant’s home was $652.17 a month, made a finding of fact incapable of being made by the deputy after hearing the witnesses. This is so because of the fluctuation of costs for those services dependent upon the condition of the claimant from time to time. Furthermore, the full commission failed to indicate whether this was to be an average figure per month figured over the total number of days of home attendance or exactly what method of computation the full commission relied upon in arriving at this amount. Moreover, in our examination of the record, we can find nothing to indicate the source of the figures arrived at by the full commission.

The deputy, as we have said many times, is in a better position than the reviewing body to judge the ultimate value of such testimony both expert and lay of the witnesses who appear before him, and how much weight should be given their testimony.6 This is not a question of the failure of the deputy commissioner to have made the proper findings of fact as the full commission determined the findings to have been proper in every respect except the amount to be paid for reimbursement for care and for attorney’s fees. It holds the individual figures to be accurate and correct, but questions the total amount to be expended. Based on its own calculations, it then makes a finding of fact on the total monthly amount being expended, and concludes on the premise the amount is excessive, and that there is competent, substantial evidence claimant could receive full time care for a figure of one-half that being expended.

We find no basis for the conclusion of the full commission that claimant could be adequately cared for in a nursing home for a total of $375.00 per month and such was contrary to the conclusion of the deputy. The deputy stated,

“Mr. E. H. Schanitzler, owner of the Sun Ridge Manor Nursing Home, a converted motel, located at 1701 North Federal Highway, Fort Lauderdale, testified that Mr. Cook was in his nursing home for a twenty-four hour period and from what he knows of the claimant’s care during that time, he would provide all of his needs for $300.00 monthly plus medication, on a trial basis.” (Emphasis supplied.)

In sum, the full commission, while it has the statutory obligation to affirm, reverse, modify or remand, must do so, so far as factual matters are concerned, on the basis of the findings of facts of the deputy and not on separate or substituted findings of its own.7 This, then, brings us to the [841]*841proposition of whether the deputy commissioner properly reconciled whatever conflicts existed in the testimony adduced before him and whether he drew reasonable inferences therefrom. We must accept the premise that his findings of fact — the only proper findings of fact since we have held the findings of the full commission were without authority — should be upheld unless there is no substantial evidence, which accords with logic and reason, to sustain them.8

The test here as in all cases where the evidence is competent and substantial and which accords with logic and reason is whether the result or finding is et sequi-ter therefrom. As we stated in the Andrews v. C. B. S. Division, etc. case,9

« * * * >p0 pU£ j(- another way, if the evidence is not logical and reasonable, a finding based on and supported by such evidence would be based on incompetent evidence and hence be contrary to law.”

We are concerned with the result arising from the findings of fact of the deputy commissioner. That result is expressed in the order, specifically that portion thereof requiring the carrier to furnish the claimant such medical care and nursing services and appliances in his home as the nature of his condition and care requires, even though the same exceeds the cost of his care in a private nursing home.

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Bluebook (online)
125 So. 2d 837, 1960 Fla. LEXIS 2071, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-georgia-grocery-inc-fla-1960.