George Friedland v. City Hollywood

The appellee was the employee of the appellant and suffered during the course of his employment compensable injuries under the Florida Workmens Compensation Act. Based upon a 50% permanent partial disability of the body and the alleged inability of the appellee to return to his work, the parties entered into a stipulated settlement of compensation benefits. Based upon this stipulation, the deputy commissioner of the Florida Industrial Commission, on June 4, 1962, entered an order approving the stipulation of the parties as to the amount and extent of compensation and directed the parties to comply with the provisions of the stipulation and order. Shortly thereafter, the appellee returned to work and the appellants, pursuant to § 440.28, Fla.Stat., F.S.A., petitioned for a modification of the June 4, 1962, order, which petition for modification was denied by the deputy commissioner. The appellants then terminated payment of compensation to the appellee and appealed to the Florida Industrial Commission for review of the order denying modification. The appellee then, pursuant to § 440.24, Fla.Stat., F.S.A., applied to the circuit court for a rule nisi in an attempt to enforce the order and award of the deputy commissioner of June 4, 1962. After hearing on the rule nisi, the circuit court entered an order making the rule absolute and directing the appellants to pay the amount of the award then due, representing past due installments on compensation, a 20% penalty on past due payments, costs and $250 attorneys fees. It is this order of which the appellants seek review.