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Genuine Parts Company v. Morris

District Court of Appeal of Florida, First District
Jan 28, 1982
409 So. 2d 156 (Fla. Dist. Ct. App. 1982)

Opinion

No. AB-479.

January 28, 1982.

Appeal from the Division of Workers' Compensation.

John F. McMath, Miami, for appellants.

Ronnie Klein Witlin, Miami, for appellees.


The deputy's order is regrettably vague in finding the date or dates of maximum medical improvement, in fixing the onset of permanent disability benefits, and in explicating those findings in terms of the record evidence. Nevertheless there is a reasonable basis in the record for the deputy's apparent determination that claimant reached MMI on December 5, 1980, and that permanent disability benefits were payable from that date. Since the deficiencies in the order might have been alleviated by counsels' prompt application to the deputy, had counsel shared our uncertainty, and there is no other error in the order, we will not sacrifice the benefits due nor prolong these proceedings by reversal or remand, but rather we amend the order to find MMI on December 5, 1980, and to provide permanent disability benefits from that date. As amended the order is AFFIRMED.

LARRY G. SMITH and WIGGINTON, JJ., concur.


Summaries of

Genuine Parts Company v. Morris

District Court of Appeal of Florida, First District
Jan 28, 1982
409 So. 2d 156 (Fla. Dist. Ct. App. 1982)
Case details for

Genuine Parts Company v. Morris

Case Details

Full title:GENUINE PARTS COMPANY AND SENTRY INDEMNITY COMPANY, APPELLANTS, v. ROGER…

Court:District Court of Appeal of Florida, First District

Date published: Jan 28, 1982

Citations

409 So. 2d 156 (Fla. Dist. Ct. App. 1982)

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