G. PIERCE WOOD MEM'L v. GRIFFIS

Full title: G. PIERCE WOOD MEMORIAL HOSPITAL and STATE OF FLORIDA, DIVISION OF RISK…

Court: District Court of Appeal of Florida, First District

Date published: Dec 29, 2005

Case Nos. 1D04-2551, 1D04-2552 (Fla. Dist. Ct. App. Dec. 29, 2005)

Opinion

Case Nos. 1D04-2551, 1D04-2552.

Opinion filed December 29, 2005.

An appeal from an order of the Judge of Compensation Claims, S. Scott Stephens, Judge.

Mary L. Wakeman, of McConnaughhay, Duffy, Coonrod, Pope Weaver, P.A., Tallahassee, for appellants/cross-appellees.

William J. Cook and Ryan Christopher Rodems, of Barker, Rodems Cook, P.A., Tampa, for appellee/cross-appellant.

WOLF, J.

The employer/carrier (E/C) appeal from a final workers' compensation order. Finding no merit to any of the E/C's arguments, we affirm. Claimant raises two issues on cross-appeal: whether the Judge of Compensation Claims (JCC) erred in denying the claim for permanent total disability (PTD) benefits, and whether the JCC erred in denying the claim for attorney's fees and costs.

We agree with the claimant that the JCC erred in denying the claim for PTD benefits. See Home Depot v. Turner, 820 So. 2d 1075 (Fla. 1st DCA 2002). We, therefore, reverse and remand with directions that the claimant be awarded PTD benefits. We also instruct the JCC to revisit the issue of attorney's fees in light of our holding.

KAHN, C.J., and PADOVANO, JJ., CONCUR.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.