
    S. & J. MERCURY CAB and Columbia Casualty Company, Petitioners, v. Nathan EIBISTER and the Florida Industrial Commission, Respondents. Nathan EIBISTER et al., Cross-Petitioners, v. S & J MERCURY CAB et al., Cross-Respondents.
    Nos. 33140, 33230.
    Supreme Court of Florida.
    May 27, 1964.
    On Rehearing Oct. 21, 1964.
    Knight, Smith, Underwood & Peters and Joseph V. Niemoeller, Miami, for petitioners and cross-respondents.
    Richard A. Sicking and Kaplan, Ser, Abrams & O’Malley, Miami, for Nathan Eibister.
    Patrick H. Mears, Tallahassee, and J. Franklin Gamer, Lakeland, for Florida Industrial Commission.
   PER CURIAM.

By petition for a writ of certiorari and cross petition for certiorari we have for review an order of the Florida Industrial Commission bearing date October 25, 1963.

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, 31 F.S.A.

Our consideration of the petition and cross-petition, the record and briefs leads us to conclude that there has been no deviation from the essential requirements of law.

The petition and cross-petition are therefore denied.

DREW, C. J., and THOMAS, ROBERTS, CALDWELL and ERVIN, JJ., concur.

On Rehearing

PER CURIAM.

Petition for rehearing was granted to petitioners, S & J Mercury Cab and Columbia Casualty Company, in order to correct an obvious and fundamental error. .

The deputy commissioner found the claimant to be permanently and totally disabled, but also found that only sixty per cent of this disability was attributable to claimant’s injury. However, the deputy ordered compensation to the claimant at the rate of $30.48 per week. This is error and the compensation payable to claimant when properly apportioned is $18.29 per week instead of $30.48. See Cook & Pruitt Masonry, Inc., v. Leonard, Fla., 149 So.2d 544.

The order of the full commission is quashed with directions to remand this cause to the deputy for entry of an order not inconsistent with this opinion.

It is so ordered.

DREW, C. J., and THORNAL, CALDWELL, ERVIN and HOBSON (Ret.), JJ-, concur.  