Opinion
No. 39961.
March 3, 1971.
Petition for review from the Industrial Relations Commission.
Herbert A. Langston, Jr., Orlando, for petitioner.
B.C. Pyle, of Whittaker, Pyle Wood, Orlando, Patrick H. Mears and J. Franklin Garner, Tallahassee, for respondents.
This cause having heretofore been submitted to the Court on petition for writ of certiorari upon the transcript of record and briefs and argument of counsel for the respective parties, to review the order of the Florida Industrial Commission in said cause, bearing date July 2, 1970, and the petitioner having failed to show that the essential requirements of law have been violated, it is
Ordered that said petition be and the same is hereby denied. See Howell v. Cottage-Ette Mfg. Co., 186 So.2d 1 (Fla. 1966); Florida Cartage Company v. Tyler, 90 So.2d 291 (Fla. 1956).
ROBERTS, C.J., and ERVIN, CARLTON and DEKLE, JJ., concur.
DREW, J. (Retired), concurs specially with opinion.
I concur in the denial of certiorari in this case. In doing so I am persuaded by the observation of the Judge of Industrial Claims (approved by the full Commission in its affirmance without opinion) that "I have also considered the employer-carrier's Exhibits 1 and 2 taking note that the employer and carrier have not denied emergency treatment to the claimant while out of state or out of the city". I construe this as holding that the claimant is entitled to emergency palliative treatment wherever he may be if such is needed and is causally related to the industrial accident. With such holding I am in agreement.
As to the bill of Doctor Boardman, I feel bound by the findings of the Judge of Industrial Claims that such treatment was not causally related to the accident.
ERVIN, J., concurs.