Smit v. Geyer Detective Agency, Inc.

HOBSON, Justice.

This matter is before us on a petition for writ of certiorari to review an order of the Florida Industrial Commission. The petitioner, who was the claimant below, is the mother of the deceased employee of the respondent employer.

The accident in which the employee met his death is admittedly compensable. The only issue is whether the award should properly be reduced 25% in accordance with the provisions of Section 440.09(3) which states in pertinent part:

“Where injury is caused by the willful refusal of the employee to use a safety appliance or observe a safety rule required by…