North West Trailer Sales v. McCann

THORNAL, Justice.

We have for review an order of the Florida Industrial Commission which reversed an order of a deputy denying workmen’s compensation benefits to respondent McCann.

We must decide whether Fla.Stat. § 440.25(3) (b) (1967), permits a deputy commissioner to base his judgment on an ex parte report of a doctor especially appointed to examine a claimant in the light of stipulations reflected by the record.

On March 1, 1965, respondent received an injury while employed by petitioner. On May 10, 1966, respondent was given a 3% permanent partial rating by his treating physician. He was…