
    Willie CALHOUN, Petitioner, v. SMITH & SONS, Hartford Accident & Indemnity Company, and the Florida Industrial Commission, Respondents.
    No. 38784.
    Supreme Court of Florida.
    Sept. 24, 1969.
    Donald Feldman and Feldman & Abram-son, Miami, for petitioner.
    Paul Bernardini, of Sands, Smalbein, Eubank, Johnson and Rosier, Daytona Beach, Patrick H. Mears and J. Franklin Garner, Tallahassee, for respondents.
   PER CURIAM.

By petition for writ of certiorari we have for review an order of the Florida Industrial Commission hearing date May 26, 1969.

We find that oral argument would serve no useful purpose and it is therefore dispensed with pursuant to Florida Appellate Rule 3.10, subd. e, 32 F.S.A.

Our consideration of the petitions, records and briefs leads us to conclude that there has been no deviation from the essential requirements of law.

Accordingly, the petitions for writ of certiorari and attorneys’ fee are hereby denied.

It is so ordered.

ROBERTS, DREW, CARLTON and ADKINS, JJ., concur.

ERVIN, C. J., concurs specially with opinion.

ERVIN, Chief Justice

(concurring specially) :

While I concur in the judgment that the full Commission has not departed from the essential requirements of law in affirming the order of the Judge of Industrial Claims, in my opinion because of the posture of this case in this Court our decision should not be construed to prejudice in any way a subsequent attempt by Petitioner to demonstrate a right to additional benefits or relief pursuant to the modification provisions of F.S. Section 440.28, F.S.A.  