Botanical Gardens v. Smith

I concur with the majority in reversing the Industrial Relations Commission. Section 440.15(6)(f), Florida Statutes (1975), does not require an award of dual benefits in this case, as the Commission has ordered and respondents now contend. The “scheduled” benefit prescribed for a hernia operation, which guarantees an injured party an ample period of recovery from this particular operation, may be appropriate in conjunction with unscheduled permanent disability benefits,1 but it is incompatible with temporary disabilities benefits which are required to be paid during the employee’s “healing…