Cheathem v. Fruit Bowl, Inc.

THOMAS, Justice.

This is the second appearance of this controversy in this court. Our opinion in the first appeal is recorded in 155 So.2d at page 865. Following the ruling in that case, that the claim having been dismissed with allowance only for medical expenses, drugs and transportation costs, a further award was improper except on petition under F.S.A. Sec. 440.28 of Workmen’s Compensation Law on the ground that there had been a mistake of fact or, a change of condition.

Pursuant to that decision the claimant filed a petition for modification on the ground that there had been a change in…