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CITY OF HIALEAH v. WARNER

No. 30828.

128 So.2d 611 (1961)

CITY OF HIALEAH and The Aetna Casualty and Surety Company, Petitioners, v. Douglas M. WARNER and Florida Industrial Commission, Respondents.

Supreme Court of Florida.

April 5, 1961.

Attorney(s) appearing for the Case

Blackwell, Walker & Gray, Miami, for petitioners.

Hubert G. Roberts, Hialeah, Burnis T. Coleman and Paul E. Speh, Tallahassee, for respondents.

ROBERTS, Justice.

This is a petition for writ of certiorari to the Florida Industrial Commission to review a compensation order of the Commission affirming an order entered by a deputy commissioner, concluding that under the provisions of Section 440.02(9), Florida Statutes, F.S.A., disability is measured by "a diminution of earning capacity".

The facts in regard to the original injury are not disputed. The claimant...

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