NUGATORY

Petitioner argues, inter alia, that the Commission misinterpreted and rendered nugatory our prior decision in this cause. We agree. Our opinion therein addressed itself only to the question of whether petitioner's claim could be dismissed in Florida when no claim remained pending in another state. We did not reach the issue of what the effects of the New York decision were, despite the fact that we had before us all the evidence which was before the trial judge and Commission in this case in determining that the New York decision was res judicata as to part or all of petitioner's claim. Nevertheless, our opinion clearly indicated that we considered the New York decision to be nothing more than a voluntary dismissal. Since we still so consider the New York decision, we are, once again, compelled to reverse the Commission.