Opinion
January 10, 1950.
Thomas D. Beasley, DeFuniak Springs, and E.F.P. Brigham, Miami, for relator.
J.P. Marchant, Miami, and Burnis T. Coleman, Tallahassee, and Robert J. Pleus, Orlando, for respondents.
Denied because we believe, after a perusal of the record, that the Commission has the power to act as they did hence we do not have the authority to interfere.
ADAMS, C.J., and CHAPMAN, THOMAS and HOBSON, JJ., concur.
TERRELL, J., dissents.
SEBRING, J., absent because of illness.
ROBERTS, J., not participating.
This is an appeal by certiorari from a judgment of the Florida Industrial Commission dismissing Relator as Director of the Workmens Compensation Division for gross misconduct in that he issued reimbursement vouchers and drew expense from the State for trips to Miami, Fort Pierce and Panama City. The contention is that none of these trips were made for the Florida Industrial Commission but were made for reasons personal to relator.
I find uncontradicted evidence that these trips were made to transact business for or in the interest of the Florida Industrial Commission and some if not all of them were made at the suggestion of its Chairman. It appears that an error was made in the expense account for that part of the Miami trip from Jacksonville to Tallahassee on the return but when the error was discovered the amount collected for it was promptly refunded.
To charge one with padding his expense account is a very serious matter and should be done only on conclusive proof of the offense. The record here is far from sufficient to show this, in my judgment. I therefore dissent.