Mathias v. City of South Daytona

I respectfully dissent from denial of the petition for certiorari by the majority of my colleagues. I do so because I believe the Industrial Relations Commission departed from the essential requirements of law in this case. Scholastic Systems, Inc. v. LeLoup, 307 So.2d 166 (Fla.1974).

Petitioner was employed as a police officer by respondent City of South Daytona. While attending a social gathering, held at the home of the chief of police, petitioner injured his back during a softball game. This injury resulted in petitioner’s total disability and ultimate discharge by respondent when he was…