Tomberlin v. City of Miami

HOBSON, Justice.

This case is based upon a petition for writ of certiorari filed pursuant to Section 440.27, F.S.A., requesting that we review an order of the Florida Industrial Commission wherein it reversed a Deputy Commissioner’s award of compensation to the petitioner.

It is undisputed that the petitioner had sustained disabling injuries to his back in the course of his employment as a fireman for the City of Miami and that the city was not notified of these injuries until approximately five weeks after they occurred.

Based on the evidence before him, the Deputy Commissioner found in part:

“4.…