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OVERHOLSER CONSTRUCTION COMPANY v. PORTER

Nos. 32550, 32564.

173 So.2d 697 (1964)

OVERHOLSER CONSTRUCTION COMPANY and the General Accident Group, Petitioners, v. Oliver PORTER, Venning & Ward Masonry, Liberty Mutual Insurance Company and the Florida Industrial Commission, an administrative agency, Respondents. VENNING & WARD MASONRY and Liberty Mutual Insurance Company, Petitioners, v. Oliver PORTER, Overholser Construction Company, General Accident Insurance Company, Harris Building Corporation, Shelby Mutual Insurance Company and Florida Industrial Commission, Respondents.

Supreme Court of Florida.

Rehearing Denied November 25, 1964.

Attorney(s) appearing for the Case

Cosgrove, Rose & Budzinski, Miami, for petitioners Overholser Const. Co. and General Acc. Group.

Edwin H. Underwood, Jr., Gerald T. Nolan and Wakefield & Underwood, Miami, for petitioners Venning & Ward Masonry and Liberty Mut. Ins. Co.

Howard N. Pelzner, Miami, for respondent Oliver Porter.

Patrick H. Mears and J. Franklin Garner, Tallahassee, for respondent Florida Industrial Commission.

Rehearing Denied in No. 32564 November 25, 1964.

THORNAL, Justice.

By two petitions for certiorari, abovestyled, we are requested to review an order of the Florida Industrial Commission affirming an order of a deputy commissioner who had awarded Workmen's Compensation benefits to an employee, Oliver Porter.

We must decide whether the order is supported by competent substantial evidence and also whether the employee was correctly excused from giving...

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