Opinion
July 18, 1952.
Appeal from the Circuit Court, Dade County, J.N. Morris, J.
John G. Simms and George H. DeCarion, Miami, for appellant.
Blackwell, Walker Gray, Miami, for appellees.
This is an appeal from an order of the Circuit Court affirming an order of the Florida Industrial Commission, which affirmed the findings of fact, conclusions of law, and order of a Deputy Commissioner.
Among other things the order of the Deputy Commissioner contained the following:
"It was claimed that the above named employee died as the result of an accident which occurred on or about November 30, 1948, while working for the above named employer. At the time of his accident and prior thereto, the average weekly wage of the said employee was $120. He left surviving him and dependent upon him and his sole dependent, his widow, Mrs. Jessie Williamson. The said employee died on January 5, 1949, as evidenced by certificate of death filed in evidence as Claimant's Exhibit 3. At the time of his death, he had not been attended by any doctor of medicine or other practitioner other than a Christian Science practitioner. After his death an autopsy was made of the body of the deceased employee, on January 8, 1949, by Dr. Edwin C. Thomas and Dr. Robert L. Swink, the report of autopsy being filed in evidence as Claimant's Exhibit 2. From the report of autopsy and from the testimony of Dr. Swink and Dr. Thomas, it would appear that the injury which the claimant suffered as a result of an accident arising out of and in the course of his employment on November 30, 1948, had no relation to nor was the cause of his death on January 5, 1949, but, on the other hand, that said death was caused by an acute heart condition and an advanced stage of tuberculosis. It is, therefore,
"Considered and Ordered that the claim of the above named dependent widow be and the same is hereby denied."
As a part of the order of the Full Commission, there was the following:
"After reviewing and considering the record, and having also the advantage of able briefs and oral arguments by counsel of the parties, the Commission finds the facts as set forth by the Deputy Commissioner correct, and adopts such findings as its own. Wherefore, and in consideration thereof, it is
"Ordered that the Order be and the same is hereby affirmed."
There was substantial evidence to sustain the findings of the Deputy Commissioner.
This case is controlled by the following cases: U.S. Casualty Company v. Maryland Casualty Company, Fla., 55 So.2d 741; Sonny Boy's Fruit Company v. Compton, Fla., 46 So.2d 17.
Affirmed.
SEBRING, C.J., and ROBERTS J., and FUTCH, Associate, Justice, concur.